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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Dec. 22, 1911)
M&Wi Ai'JB- WU wj-v. "- - w 14 The Commoner. VOLUME 11, NUMBER- 5 w 1 ?Y3'S THE REOATjIj OP JUDGES Senator Borah's reasons for ob jecting to the recall of judges may be summarized as follows: That the recall Is a new and "dan gerous departure rrom our estab lished policy. That , the recall makes judges timid, weak, obedient, and spineldso; and therefore .in the end., make them corrupt. . ' ' ' That the recall tends to make de cisions "bear the color and drift of majority ruieand party domination." That the recall of judges is des potic. , . - It does not seem to us that Sena tor Borah is particularly happy in any of these objections. Let us take them in order. The recall of judges may or may not be dangerous; but it is not a new departure. It is simply a new de- vico for attaining a very old object. Thoro are just two consistent logical plans of choosing a judiciary. One is to appoint them for life. The other is to elect them for the term of tho good pleasure of tho electors. Nearly all tho states have adopted the latter plan; but up till now in partial indecisive fashion. They have been content with electing judges for certain stated terms. Manifestly the judge who must seek re-election every so often is to that extent "dependent" on the people for his tenure of offlce. The recall is a good weapon. The election of judges for certain stated terms is a poor weapon. But both were designed for the same purpose of enabling tho people to get rid of an unjust judge. Mr. Borah says the recall would make judges timid, weak and spine less. On what practical grounds does he rest this objection? Nine- I ' "' " An Ideal Gift Book There is no gift more appreciated by the receiver, nor one thajt,better reflects 'the tastes of the giver, than good books. me miiuence or gooa literature can not be measured it lives and grows, long after ma terial things are for gotten. An ideal gift, for your friends, your relatives, or in your own home, would be a set of Brya ns Mr. Speeches and Lectures In two handy volumes. A new, complete edition, containing all of his most important public utterances, from his first entry into public life up to tho present time. Tho only authori tative collection of his speeches over iBsuod. You can follow Mr. Bryan through practi cally his entire career, from his valedictory oration at Illinois Col lege in 1881, through his early public life, his presidential campaigns, his world tours, his platform experiences, and his participation in 1 meetings of organiza tions devoted to na tional progress, as well as International congresses. Tho subject matter of these speeches covers a wide range of topics, from tho fundamental and vital problems of national and world life to tho highest ideals of human endeavor. -A handy means of reference to tho student of social problems of tho present and future. This collection comprises two handsome 12 mo. volumes containing 750 pages. Biographical introduction by Mary Baird Bryan. Printed on good papor in largo, clear type and handsomesly bound. SPECIAL OFFER TO COMMONER READERS Wo want every reader of Tho Commoner to have a set of these books. For this purpose, wo are making this liberal limited offer: Upon receipt of $2.25, we will send prepaid ono 2 vol. set of The i Siecclie of William Jcnntns Bryan, bound in cloth, and enter your subscription to Tne uommoner for one iu,n year, or your present subscription will be credited for ope year more. If you want tho half leather edition and Tho Commoner 'one year, 'enclose $3.25. Books and paper sent to different addresses if desired. All orders filled promptly. Address, TIIip. COMMONER, Llacoln, Neb. KlSIIsllS wBiwBK3fl:'?Jsi '3Si? iwi&frj 1 Ess S&sSJS FitfOut and Mail This Coupon for Special Offer THE COMMONER, Lincoln, Neb. Enclosed find. $2.25 for one 2 vol. sot of Tho Speeches ef 'William Jennings Bryan, bound in cloth, and The Commincrfor oh year. Name P. O. (If half leather edition Is wanted, send $3,25.) tenths of all the world's work is done under the recall system, now. The physician and the surgeon, the engineer, tho lawyer, the architect are hired, not for stated terms, and still less for life; but during tho good pleasure of their employers. Is it Mr. Borah's experience that the average surgeon, or attorney, or engineer is a weak, timid, cringing creature? Is it not a fact that pri vate employers got a higher average of initiative and energy than has yet been displayed in public life? And if the lawyer before his elevation to the bench maintains dignity and courage, despite the conditions of his employment, why should he lose those characteristics when nothing is changed but his employer? The trouble with this part of Mr. Borah's reasoning is that it is based on an analogy which does not exist. It was the habit of evil kings of offt to use their power to appoint and re move judges in such a way as to UTanlnfl a man qr woman to act aa oar lo. WTmIIkgU formation reporter. All or epar timo. No experionco necessary. $50 to $300 per month. Nothing to soil. Send Htamp tor particu srs. SALES ASSOCIATION, 17 Associa tion Bldsr. 1NDIANAPOXI8. INDIANA. PATENTS 'w?"r'5to5j , "? -rrT D.U. Advice and books fit Bates reasonable, nichest references. Best services. Asthma: REMEDY sent on KKEE TRIAU n Itcurcs send Jl.OOl If not. rtnnV Cive Exprcs Offifcr. Kal'J ChrmlrM toBUMny, 819 Ohio Are- tildner. 0 f f fH.KNMn.UT Positions are easy to jret My frea UVJ V booklet X 1010 tell; how. Write today-NOW. KAKIi HOl'KINS, Wn.lilnglon. I.C. JC 2A. JL JLU J.W JL (3 XtETUItNKD. Frfprrjortnsto J'atentnbillty lllmtr.ttijd Jtlti Vook. and 7 1st of Invrntiona Wanted. Kontfrco. V1CTOK J. 15VANS & CO., Washington. D. a secure unjust and outrageous de cisions. Passing the obvious retort that the American public can not properly bo likened to Charles First or James Second, we would point out that the olden king had powers which tho' people do not possess. The king could not merely remove a judge from the bench, but could make it practically impossible for him to earn his livelihood in private. The electors of today have and can have no such power. Mr. Borah says that the recall of judges will make decisions follow the elections. Would Mr. Borah mind telling us what decisions fol low now? Has he naver heard of political decisions? To go back far enough to keep out of present con troversies, what of tho Dred Scot case? Would that Tiave been pos sible after 1865, even if enough of slavery had been left to make the test? wo tnlnr not: ..- . Mr. Borah's objection that the recall of judges would make this government despotic seems to us to be based, on a. misuse of language. But it serves, at least, to get'tlje whole question beforo us in a lump. At 'the bpttom of all the objections to tne recall tnere seems to abide the fear that if the people- get the power to change their public -servants at pleasure, they will straight way knock off work, and settle down to amusing themselves by continual elections. Where, Mr. Borah or any one else finds warrant for this fear in the histories of democratic peoples, we do not know. From Athens to the United States, there has been nothing so shortlived as demagogery; nothing that commanded miblic re spect so quickly and .so continuously. as tne courage to defy popular clamor. The Saturday Evening Post not long ago likened the initiative, re ferendum and recall to the gun which the fanner of colonial days took with him when he went to plow. He took it, because experience had taught him that Iirdians were likely to be in the woods and that they respected a gun far more than they djd a plow. Tho citizen of today has found that there are often Mohawks, not to say Ethiopians, concealed in the fuel supply; and has concluded that he will take tho recall musket alone with him when he goes to work. Straightway from every worshiper of the past rises a cry that if the citizen has this gun, he will neglect plowing for tareot nractice.""' He will mi if. business to play politics; and he will leave his common sense so thor oughly that he will by preference shoot friends instead of foes. It Is not so that we read our countrymen. We believe tho Ameri can neonle admire the couracenusL upright, and capable judge. ; We be lieve that no judge -who is courage ous, upright and capable will have much reason to fear the recall. But ECZEMA CAN BE CURED. My mild, soothing, guaranteed euro does it and Frkr Sample nrovos it. Stops Tub Itching and cures to stay. WnrrnNow Today. Dr. CAN NAD AY, 174 Park Square, Sedalia, Mo. 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