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can Lorlmor, who ought to bo in the peniten
tiary instead of the .senate. I am still not sur
prised when Senator Bristow, a republican sena
tor from Kansas, charged on the floor of tho
senate that tho cloak of the system, Republican
Aldrich, had been transferred to tho shoulders
of tho minority leader.
"I am not prejudiced in these opinions, I
voted for Senator Martin in his last campaign
under tho representation that he would stand "
for rate regulation. Since his election, ho
seems to lave turned out to bo a believer in
regulation of tho corporation kind, that does
not regulate. When tho proposition to have
tho government make a physical valuation of
tho railroads tho very crux of the matter of '
regulation was before the senate, Senator
Martin did not vote for it, nor did ho vote
against it ho simply dodged."
The speaker said that he did not believe in
porsonal politics. Ho was not for any man or
against any man. Ho believed the citizen had
a high duty to porform, and the public good
should be tho deciding' factor. Ho discussed
tho allianco of tho railroad ring with the re
publicans of the state, and ridiculed the actions
of its leaders in writing letters at the eleventh
hour expressing hopes for straight-out democ
racy, after having been tho allies of Alvah
Martin fusionism for so many years. Ho thought
it too much like death-bed repentance. Then
branched out into a discussion of the general
effect of ring rule in Virginia in its relation to
the primary, tho schools and other things, and
closed with an earnest appeal to the people to
stand by tho Democratic League in its efforts
to break the hold of tho system, and to place
government in tho hands of real democrats who
wanted no special privileges for themselves,
and who would represent Virginia in opposition
to conferring them upon others.
RECALL OP JUDGES
The Commoner.;
New Jersey, seven years; Massachusetts, .good
behavior; and" in Delaware, Maine, and Missis
sippi, the legislature may recall. ' This leaves
only Massachusetts with n'o declared 'right of
recall, and undefined tenure, althoilgh"during
good behavior" imples the right of recall by
the proper authorities otitside .of impeachment.
Impeachment is a means of recall provided in
all states.
Massachusetts and New Hampshire judges hold
during good behavior, but in New Hampshire
tho general assembly may recall,- and has done
so four different times. ROBERT L. OWEN.
WHAT IS THE MOTIVE FOR THE STATE
HOOD VETO?
San Francisco, Aug. 15, 1911. Editor of
Tho Commoner: After reading the text of our
president's veto of the bills allowing Arizona
and New Mexico to become states, an idea has
taken ground in my mind that it is more than
strange that the president of a great democracy
knowing that the people of the commonwealths
of Arizona and New Mexico are committed to
the ''belief in the value and necessity of a law
recalling all officials, including the judiciary,
and will pass such laws whether in their present
constitutions or not, should set up in text a veto
of the right of those citizens to enjoy their full
rights ' as ciitzens for the reasons named by
him, and enter into a specious argument against
Tho recall of judges is provided by the following
states by address of legislature (pages refer to
"Thorpe's American Charters, Constitutions and
Organic Laws") to-wit:
Alabama, 107, 115, 129, 143, 171, 208;
California, 543; Delaware, 575; Florida, 672,
693; Georgia, 798, 804, 806, 818; Indiana,
1066, 1084; Kentucky, 1270, 1284, 1300, 1331;
Louisiana, 1387, 1401, 1420, 1489, 1459, 1485,
1568; Maine, 1659, 1662; Maryland, 1727, 1760,
1799; Michigan, 1960; Mississippi, 2042, 2057;
Missouri, 2252; Nevada, 2416; New Hampshire,
2466, 24S6, 2509; New York, 2664, 2719; North
Carolina, 2833; Ohio, 2923; Oregon, 3010, and
by Art. II, Sec. 18, by popular vote on 25 per
cent petition; Pennsylvania, 2097, 3098, 3109;
3133, 3135; Rhode Island, 3232; South Caro
lina, 3254, 3297, 3342; Tennessee, 3435, 3462;
Texas, 3554; Utah, 3716; Virginia, 3828, 3868,
3890, 3925; Washington, 3985; West Virginia,
4025, 4052; Wisconsin, 4088.
The other states do not have the express pro
vision for recall of judges by address of legis
lature, but all of them elect for short terms by
vote of tho people and thus recall automatically,
by short tenure, their judges, For example:
Alabama, five years; Arkansas, eight years;
California', twelve years; Colorado, nine years;
(Connecticut, eight years by general assembly);
Delaware, twelve years (appointed by governor
and senate) ; Florida, six years; Georgia, six
years (by general assembly); Idaho, six years;
Illinois, nine years; Indiana, six years; Iowa,
six years; Kansas, six years; Kentucky, eight
years; Louisiana, twelve years; Maine, seven
years (appointed by governor and council);
Maryland, fifteen years; Massachusetts, during
good behavior (appointed by governor, consent
of council) ; Michigan, eight years; Minnesota,
six years; Mississippi, nine years, (appointed
by governor, consent of senate) ; Missouri, ten
years; Montana, six years;- Nebraska six years;
Nevada, six years; New Hampshire, during good
behavior (by governor and council); New Jer
sey, seven years (by governor, consent senate) ;
New York, fourteen years; North Carolina, eight
' years; North Dakota, six years; Ohio, five years;
Oklahoma", six years; Oregon, six years;
Pennsylvania, twenty-one years; Rhode Island,
subject to resolution general assembly (elected
by general assembly) ; South Carolina, eight
years (elected by general assembly) ; South
Dakota, six years; Tennessee, eight years; Texas,
six years; Utah, six years; Vermont, two years
(elected by general assembly) Virginia, twelve
years (elected by general assembly) ; Washing
ton, six years; West Virginia1, twelve years; Wis
consin, ten years; Wyoming, eight years.
In only Ave states are judges appointed by .the
governor, to-wit: Delaware, twelve years;
Maine, seven years; Mississippi, nine years;
VOLUME 11, NUMBER 34
throughout the world with the machines now
given to man, an'd which are-and will constantly
throw men out of work throughout the world.
But the interests' are not thinking of humanity
or of the distant future tho present is for them
to protect tho system and prevent the passage of
progressive laws, and they want elected judges
to be 'responsive to theni and riot to the people.
The idea of this- ulterior motive may bo
erroneous, but when a supremo court can read
words Into a "statute against the Ideas upon
which it was passed, it is not out of the ques
tion to believe the interests think they might
secure such a decision as I have mentioned,
especially as President Taft has so considerately
paved the way. F. R. WHITCOMB.
THE RECALL IN HISTORY
Editor Tho Commoner: Representative gov
ernment is fine in theory, but the experience
of a century has shown that the men who are '
chosen by the people to represent them are not
always true to their trust. They forget that
they are only agents and assume magisterial
functions, and so the people, who are the source
of power, are adopting direct legislation. It is a
radical change, a grand, progressive movement,
a virtual political revolution.
A representative form of government has
developed a class of unpatriotic persons who
fatten by systematically corrupting the people's
the will of majorities in a democracy founded . SS11 hi 1 1 l .. 5
on Anglo-Saxon beliefs in the rights of ma- change Tliey particularly condemn the 'recall''
jorities to make and enforce their laws. fnd ?al1 . " af Tftf ??' rge"ing or
So the idea has gained footing In my mind 1 S the fact that it is older than tho con-
tlinf nntl)ilv ffiQKa to o lilrlIon lilfoJnT. mr.Hiro V SUtlltlOn.
in such an apparently usdess. undemocratic and J?'," i!n?tlon' Si T HS
uiuiiiv lun yjL iiixc VUUiin J pi&viuuo iu niu
incongruous action.
We know the so-called "interests" are far
seeing and are aware of the great rising tide of
democracy throughout tho world, which Is de
manding and will demand restoration of the
rule of the people, and laws, in consideration of
the inventions and use of machines, giving a far
more equitable distribution of the products of
theso machines and 'these "interests" feel
blindly and perhaps shortsightedly, but surely
that it is necessary for them to control the
judiciary, and it is not out of the way to believe
that they have under consideration the idea at
the present time to "nip in the bud" the law
of recall in general and more particularly that
of the judiciary, and to get some specious de
cision of the United States supreme court that
the law of recall is -unconstitutional as depriv
ing one elected to office of a vested right without
duo process of law. Certaintly, the text of
President Taft's veto would pave the way to
such an argument.
If President Taft had allowed the recall to
remain in the constitution of, Arizona, and
Arizona had. been admitted, they may have
thought such a proceeding dangerous to their
plans for the reason the recall would be in the
organic act admitting Arizona to statehood and
it could not afterwards so easily be set aside
for it would be a part of its fundamental rights
on its admission to statehood, and it would bo
anomalous thereafter to have this as a prece- -dent,
and for the people of Arizona to have the
right of recall and those of other states not
to have.
, One might say "impossible" to such remarks
as these, and that the supreme court of the
United States could never be Induced to make
a decision assailing the fundamental rights of
a free people, but at present the Idea of recall
is new, and has not gained ground as it will in
the ' next few years, and it is not out of the
question to believe the subject has not been
seriously .discussed by the powers that be of the"
desirability and necessity of securing such a
decision ofore the belief in tho value of the
recall has taken hold of the people.
It seems to be quite certain that the supreme
court of the United States as now constituted,
has a bias in favor of wealth and power, and
in all probability do not believe in the recall of
the judiciary, and a decision on the lines of the
president's veto as to the rights of the people
to rule by majorities would be a staggering blow
at the very foundations of the rights of a free
people to rule by majorities.
President Taft does not know, perhaps, that
the people of the United States havo become
fearful that its court of last resort is controlled
by tho money power, and not once in his veto
message does he broach upon the reason why the
people desire a - more responsive court to tho
interests of humanity in this progressive ago,
when every man knows the old- competitive
system is broken never to return and is look
ing for a solution of the question as to more
equitable distribution of the products of labor
i
law
adoption of
4- T j-v A n j-k - V J-4-i-4-l k r v x
. uuuiyiiuii ui. Lilt; ymsuiiu cuimuiLutiuii, wciu
I adopted on the 15th of November, 1777. Article
ao or mat time-nonorea document contains me
recall. It may be well for such of our re
actionary fellow-citizens who may never have
''read it, or having read it have forgotten it, to
read It again. It Is as follows:
"Article V. For the more convenient manage
ment "of the general- interests of the United
States, delegates shall be annually appointed in
such manner as the legislature of each state
shall direct to meet in congress on the first
Monday in November, in every, year, with a
power reserved to each state to recall its dele
gates, or any of them, at any time within the
year and to send others in their stead for the
remainder of the year."
This is where we get the recall. It is not new.
Oakland, Cal. J. W. DULLIN.
PLAIN TALK WITH MR. FARMER AND
J . MR. CONSUMER
H( George B. Welch, Bethany, Neb: We will
suppose that you have a hired man and that he
works faithful through the day, but during the
night or during your indifference he steals more
from you than he earns at other times; he con
tinues on unmolested until he becomes your
master in the financial world.
And that Is the poin I wish to impress on
your minds. You have put men in Washing
ton who have favored a protective tariff; that
the corporations are controlling the laws, the
prie'eii, and the financial world. When will you
awake to these facts and shake off your chains?
The first part of Reinga's Address to the Ro
mans, I quote as showing the condition of the
American people: "Friends, Romans and
Countrymen: I come not here to talk. You
know full well the story of our thralldom. Wo
are slaves, a race of slaves, slaves to a horde
of petty tyrants, feudal despots; rich in some
dozen country villages, but only great in that
strange spell, a name."
JOHN SMITH
All who know John Smith like him and he
is known far beyond his neighborhood. He is
fifty years old. Has practiced law successfully
twenty-five years. He is a. good citizen, with
many fine qualities. But with 'all these he is
not perfect. Like all other human beings he
has his dislikes, his prejudices and his share of
human frailties. He becomes a judge of some
court. Still he is" the same. John. Smith. His
judgeship has not eliminated or changed any
of his human frailties. . He has not become in
fallible or perfect. Then why should he, as
judge, be exempt from recall while others not
judges equally as good, are liable. I favor
applying the recall to all public officers. Hur
rah for Arizona's constitution. The people want
it.-. The president's veto on account of the re
call of-judges in that constitution is but driving
nails in his political coffin. Yours for recall
Brandon, Miss. J. H. WHITFIELD.
Ay
K. J3
in 11 li!H
