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The Commoner.
VOLUME 11, NUMBER 41
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The Commoner.
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THE DOCTRINE OF DEMOCRACY
In an address at the. democratic ban
quet at St. Paul on June 1, 1911, Joseph
"W. Folk defined his idea of democracy in
these words:
"Democracy is a religion; the religion
of brotherhood among men and of equal
rights for all. It is a religion that would
demand more of the Golden Rule and less
of the rule of gold in government and in
our dally lives. It would not array class
against class, but would protect the
rights of all by having each respect the
rights of the other. It would not attack
wealth honestly acquired, but would
wage unending war against the privileges
that produce tainted riches on one side,
and undeserved poverty on the other
side. It would protect property rights,
but would recognize the fact that prop
erty rights are best protected by pre
serving inviolate the public rights. It
would not combat men, but the evil that
men do. It would seek as a rempdy for
existing evils, not less government for
the people, but more government by the
people. It would place conscience above
cunning, and the public good above
private greed. It would not offer a man
an advantage in the shape of a subsidy,
or bounty, or protective tariff, enabling
him to make money at the expense of his
fellowmen, but it would assure him that
It would give no one else such a special
privilege over him. It would guarantee
to all an equal opportunity to live and
labor and enjoy the gains of honest toil.
"This is democracy as I understand it."
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RELIGION AND EDUCATION
From the Lincoln (Neb.) Journal, Monday,
October 2: William Jenings Bryan made the
principal address last evening at the union ser
vice at the First Presbyterian church of the
city, a service held under the auspices of the
Presbyterian association of the University of
Nebraska. This association is the representa
tive of the synod of Nebraska, directing the
special work of this denomination among the
students affiliated with this particular church.
The service was called a recognition service,
marking the larger relationship which Rev. Dean
R. Leland holds toward this work, beginning
this year.
For the past two years the First Presbyterian
church has stood sponsor for the work and now
This Judge Declares for the Recall
of Judges, and Tells His Reasons
(Written for tho Cleveland (Ohio) Press by
Judge R. M. Wanamaker, of the common pleas
court, Akron, Ohio.) Every reason for the
recall of public officers In general is applicable
to judges most of all. Hero is the reason:
Our government is supposed to be one of
"checks and balances." The lawmakers are a
check on the executive, for they may define his
duties and they hold the purse-strings. Tho
executive is a check on the lawmakers, for ho
has the veto power. The court may enjoin or
mandamus the executive, and may declare the
work of the lawmakers null and void. But how
about the judges? Where and what check has
the legislative or executive branch on them
except the obsolete and ineffective right of im
peachment? If it Is proper for the people who are the
nation to check, restrain and recall the lesser
branches of government, is it not more neces
sary that they wholesomely, patriotically and
effectively control tho judges, since the courts
have now seen fit to assert and exercise a su
preme power?
The greater the power the more need for
proper and effective control. There is more
need for a brake on an automobile than on a
wheelbarrow.
THE ONE STOCK ARGUMENT AGAINST
THE RECALL OF JUDGES
The stock argument against the recall of
judges is that tho independence of the courts
will be destroyed. Where is there authority for
this exaggerated notion of an Independent
judiciary? Where is there any statutory or
constitutional law, sound reason or political
doctrine, tending to establish the courts su
preme to all reasonable control In matters of
vital public policy?
In 1787, when our constitution was written,
no English court had for 75 years held any act
of parliament void. The courts of England and
of the American colonies had confined them
selves to the interpretation of the law as made.
They had not presumed to make law nor to
nullify law.
So, when in the constitution was written "the
judicial power of the United States shall be
vested in one supreme court and such other
courts as congress may from time to time or
dain and establish," the fathers meant such
judicial power as then existed; that is, the in
terpretation of laws as written and its appli
cation to facts proven. But even this right was
limited "the supreme court shall have juris
diction with such exception and
under such regulations as congress shall make."
THE CONSTITUTION DID NOT ESTABLISH
SANCTITY OF JUDGES
And the constitution did not contemplate any
sanctity in judges, for it is provided that judges
of the federal courts "shall hold their office
during good behavior." Which is the same as
saying that a judge shall be removed for good
and sufficient cause. And if the means provided,
which is impeachment, has proven insufficient,
should not a new means be had? If not it is
impeachment and not the removal of judges that
we are making a sacred thing.
This then disposes of the exaggerated idea
that courts and judges were ever intended to
be absolutely independent.
It Ms said that the recall is too radical a
change. Consider how radical was our whole
government when it was planned and made! It
was revolutionary, and founded upon a seven
years' war! A war of the people against kings
and courts and parliaments! A thing is radical
only before it has become the established order
of things.
RECALL TO ALL INTENTS IN SOME
NEW ENGLAND STATES
In effect some of the New England states now
have the recall of judges, for the judges' terms
are only one year. Judge Redfield of Vermont
was elected 25 consecutive times for one year
each time, and he was one of the nation's
greatest judges. He would not fear a "recall,"
and he feared no "mob." His people loved him
and trusted him.
Last of all, let us see who is for the recall
and who is against it, for there Is no surer way
to test a man or a measure than calling the roll
of friends and enemies.
Opposed to the recall is every boss, machine
and old political organization; every man who
opposes direct primaries; every man opposed to
the election of senators by direct vote; every
man who defended Ballingerism; every man who
defends Lorimerism; every grabber of lands
and. privileges; every man who opposes the con
trol of public utilities; every beneficiary of
special privilege; every man who sees in corrupt
courts a power that will pull the teeth of pro
gressive legislation all these are opposed to
the recall of judges. Many good men oppose
it, but none of those I have named favor it.
Does not that mean much?
the work will be conducted for the synod of
Nebraska' in co-operation with tho board of edu
cation of the Presbyterian church of the United
States. Rev. Leon Young of Beatrice as presi
dent of the association presided and Dr. W. W.
Lawrence delivered a brief charge to the uni
versity pastor.
Chancellor Avery in introducing Mr. Bryan
took occasion to express his interest in the
student work of the churches of the community
and the influence of such work upon the uni
versity life. He said he felt the great impor
tance of spiritual and ethical culture along with
the studies in the regular lines. He expressed
great interest in the results that have been at
tained here in our own university and in the
general effect of the work which this movement
inaugurates. Mr. Bryan spoke in part as fol
lows: "There are in attendance at the Nebraska Uni
versity somo six hundred young men and young
women who come from Presbyterian homes, and
tho mombors of this denomination can not be in
different to tho religious growth and development
of these students who are destined to exert that
largo influence which their educational advantages
will give them. Dr. Leland has beon selected by
tho authorities of the church and put In charge of
this branch of tho work.
"Tho university pastor, or personal counsellor In
religion, is a necessity; he is a result of modern
conditions. The great state university, which has
acquired a fixed position in our educational system
and enjoys a growing Influence, can not fully
satisfy the spiritual wants of the students. There
aro two respects in which it is at a disadvantage
as compared with the smaller denominational
colleges. First, tho personal contact with tho stu
dent is not so intimate in tho largo institution as
in the smaller one, and. second, an Institution sup
ported by public taxation can not apply to it3 In
structors tho religious tests applied in denomina
tional schools. As tho spiritual needs of univer
sity students are as great as those of other
students it follows that, if such needs aro to bo
supplied, they must bo supplied from somo source
outside tho institution. Tho church would seem to
bo tho proper instrumentality. Sectarianism, is not
unduly emphasized when each denomination seeks
to extend its protecting influence to those who go
from its local churches to enter tho univeristy.
"The minor is recognized by law as immature in
judgment and constantly in need of instruction.
The young always and everywhere require for
their proper training the assistance of those who
feel a deep and sympathetic interest in their moral
development. Even students need their care more
than others because they are passing through tho
critical age the age when life tendencies are
being formed and when the foundation of charac
ter is being laid. Students away from home en
counter greater dangers than those at home, or
rather they aro no.t so well fortified, in the absence
of homo environment, to meet them, and there
fore, demand greater consideration and care. Tho
university student, to carry tho argument still
farther, occupies tho most perilous position of all,
because, in addition to the dangers encountered by
youth generally, by students particularly, and more
especially by those away from home, he must meet
tho intellectual temptations which come to those
that pursue tho higher paths of learning. Satan
still whispers to man that thore is nothing beyond
the reach of his mind still if listened to, deludes
man with the plea that there is no authority to
whom ho must yield absolute obedience.
"I know of no element of our population who
need, more than the young men and young women
in our universities, to bo constantly reminded that
tho fear of the Lord is the beginning of wisdom
that no largo life can bo planned without recogni
tion of man's responsibility to God. Beginning
with this proposition the church teaches that Christ
Is the medium through whom man can be brought
tnto harmonious co-operation with God.
"Trust in God and tho acceptance of Christ are
so essential to man's proper development that all
branches of the Christian church seek to impress
upon tho children of the church the fundamental
truth of our religion.
"It is an absurd theory that some advance that
a child should bo loft to decide religious questions
When it reaches maturity. This implies that one
Sn grow up without bias either way and decide
ipartially upon the claims of Christianity after
ho reaches his legal majority. Nature is said to
abhor a vacuum, and it Is as truo in morals as It
is in- tho material world. Tho man who does not
learn to revere God In his youth learns to Ignore
him, if not to deny his very existence. The per
son who grows to manhood or womanhood in a
X,