Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Jan. 31, 1913)
VI t-v -T
VOLUME 13, NUMBER 4
WEIfiCH OF IIKNllY I- AHHiritS'l'
(Continued from Pago 7.)
Thoy aro flltorod too Zinc through tho
Aleve of Hocrot caucuses and other
inacnino processes; tliore aro too
many conventions preceded by too
many private conferences between
us and tho pcrfjoiiH through whom we
legislate and conduct our govern-monts.
" 'Wo, tho people, have not free
access onough to our own agonts or
dlroct enough control over thorn.
"Wo moan by 0110 change or another
to make our governments genuinely
popular and representative again.
Wo are cutting away anomalies, not
institutions. ' (Boston Common,
May 18, 101 1.)
"Such aro the failures and scan
dals which have cieated d'Htrimt In
parties and legislatures and caused
people to tocurc direct control of
political machinery, their officials
and legislative bodies through direct
primarlos, elections, and legislation.
States and governments worn
made for man; and at the same time I
now true It is that Ills creatures and
servants have first deceived, next vil
lifiod, and at last oppressed their
Master and Maker. (Mr. Justice
Wilson, In Chlsholm v. Georgia. 2
Dal., 155.)" '
by favoritism, or by
lite. Ashurst. Mr. President, in
discussing tho recall, I must not be
understood as making an assault
upon tho Biiprome court of the United
States. I venerate that great court.
Its judgments and decrees provo that
it realizes tho tremendous changes
In political and economic conditions
and that tho present is a dynamic, not
a static, condition of society. We hoar
freciuont criticisms of tho judiciary,
but theso criticisms aro directed to
ward tho inferior fodoral judges
Judges are very like the rest of
human bolngs; thoy are as easily
ofTitjruu uy passion as are other men
some of thorn ar0 as vain, as ambtl
WOUB, and as subject to flattery as
any other class of men. Their learn
ing, virtuo, integrity, and morality
aro no higher than that of the pro
fess on from which thoy aro exclu
sively chosen tho logal profession,
rhere aro good judges and bad
Judges, and tho people may always
bo rolled upon to exercise the power
or recall wisoly and judiciously. Tho
people would novor vote to recall a
judge merely because of his render
ing an unpopular decision, nor for
reversing or alarming any decision
unless such decision or judgment
uT m,c"rert y corruption or
bribery With remarkable precision
2 ?iUb"? 8Gesft trough tho guises
and disguises of tho judge whoso de
cisions aro discolored by improper
Tho recall would in no manner les
sen the independence of a judge and
the intemperate criticism or abuse
of a Judge by litigants, suitors, and
attorneys temporarily disappointed
over the loss of a case pending be
fore tho court would evoke no sym
pathy nor encouragement from the
voters, while unfounded, unfair, un
just, or untrue charges or criticisms
would strengthen the judge.
None of the federal judges is
uiuciuu uy cue people; none is re
movable by the neonle. llencn those
judges who are incompetent or un
worthy have yielded to temptation;
tho weak and needy have fallen, for
the mere fact that a man has been
appointed as a federal judge seldom
transforms his nature.
Tlic federal judiciary in America
has grown to be the most powerful
Institution In our government. More
than any other agencv it is in n nn.
sitlon to promote or retard the ad
vancement and true progress of the
I here exists today a widespread
belief that some of our superior
federal courts are havens of refuge
for lawbreaklng corporations and
Many factors have contributed to
this belief, chief of which is the
method of selecting a federal judge
supplemented with the fact that he
s to a great degree subjected to cer
tain insidious social influences and
environments, and is thrown almost
exclusively into the company of
opulent men whose views ho, per
haps unconsciously, adonts nnri na
i.,rTh. Pr?lG are losf"S ith in the
Inferior federal judges, and the chief
exce lence of the recall is that it
would restore the people's confidence
in those judges.
Mr President, I ask permission
at this point to incorporate Into the
Record as a part of mv rinni o
nvtm.iti. e . . .. " ""o ciii
Sinn nrmK La 0lIetote's Week magazine
S ti,S A?vemblr 23' 1912' en u is well
niin Je? ArlZ0na SpIl,It'" which is President Ta
"Besides giving women an equal
voice in government with ion QS?i
This constitution was decisively ap
proved by the voters at the polls.
"Then the question of admitting
Arizona to statehood came before
congress. A contest arose. Foes
of the judicial recall wanted to force
all mention of this "heresy" out of
the Arizona constitution. Friends of
the recall, re-enforced by others who
were not convinced of its wisdom but
nevertheless unwilling to deny the
people of this commonwealth the
right to determine for themselves the
kind of government they wanted,
fought against striking out the re
call pnnision. A compromise was
reached whereby Arizona was to be
required to vote once more upon this
matter of applying the recall to
judges. But on August 15, 1911,
President Taft vetoed this proposal.
He vigorously denounced the recall
of judges, and declared, 'I must dis
approve a constitution containing it.'
"So, as the price of statehood,
Arizona was compelled to strike this
provision out of her constitution.
"This tho voters did in the election
of December 12, 1911, but with the
openly expressed determination to
put the judicial recall back into her
fundamental law as soon as possible.
"And in the recent election, on
November 5, they did so.
"The voters of Arizona have again
asserted a fine spirit of independence
which will in the end transform all
her institutions into instruments for
maintaining full and complete self
government. "It is well for Arizona to havo the
recall of judges in her constitution
if her peoplo want it. It is even
better for Arizona to manifest so
dogged a determination to rule her
self." I am in no humor this afternoon
to throw bouquets, but I will pause
long enough to say and I seo the
puDiisner ot that magane honors
me with a hearing that democrats
and republicans will not spend their
unproiitaoiy in reading that
Railroad switchman ....!'""
Locomotive engineer ..:.', 7
Civil engineers .', i
Mine operator " "
Bankers .;' ,
Retired capitalist .-..V "" i
Merchants ;.' - " '
Farmers . r; . . !
Newspaper man Yf
All of the members of the conven
tion wero taxpayers.
Thirty per cent of the convention
were college men, and every member
possessed a wealth of information
and practical experience gathered in
that romantic land so near to na
ture's heart. Three were native
born Arizonans; five were foreign
born. Tho foreign born were:
Germany 4 ....
England .' , ', '
tlnu.' cfnf r 4 . .. "-, mb
qnip h ivnzona distinguished
Itself in the recent election by re
storlng to its constitution the pro
vision or the recall of judges P
iiius is ended an interesting
chapter in the present movement To?
ward more complete self-goveinnient
in state and nation. anient
"It was in Octohnr. 10m ... A,.
constitutional convention 0 the tor
2 ?7i f Ap!zona wrotG mto the con
stitution, with which it planned fo
sot out upon its career of statehood
the provision for the recall of nil
elective officers, including11 j!
These 50 Beautiful
Without Cost to Com
W.N 1 - .. .
Beautiful cSoroSposton SKcd WrtSSTot
ransrod to send 5m thou a drtlthlcih Wo avo a?f
Paid, to anyone who accent, ti?ml cost and pro
Rlvon bolnu- rpi.UA '" "CIH3 tho reinn.rirni,i. J-
xhh " wa&. K !rR&.Mra ass
Uur Offer ipli.TLT . w ,
this oltor Is open boM, Jnlato for both papora Tls ui a0dKdl"onal cost and
cards for onlv $1 m,Ul papers each for nn V.,11 ?1,26 but as lontr aa
liftiiHi.iJu,11.T1 Tho AinnHnnn Yr.ur Pno full year nnri tl, rn "A f 3
RfirwvQv lSkHHfKM HBuvBBv
JWf&Ltr-YJmX mJKtPliink flK3iHf
or m jK-y---JBjM Kim
-eSS rderS to THE COMMONER. Lincoln, Neb!
known, Of COUrsn. Hint
Taft Obifintprl tn th ,.
1l r .1. .. v" wj ic"
wm leuuiro ot tne Arizona constitu
tionplaced his opinion above and
against opinions of the people of
?z5na deIiberated upon and de
C fd Yllat, the organic law of tho
state of Arizona should be. The con
vention which framed the Arizona
constitution, which has been such 2
? m ,cen,tep but has "sated the way
toward a larger liberty for the people
even of the older and more populous
states, is well worth considering
The result of the convention's law
affords reliable monn nf 5, L:,
qiialifications of its members, but
towaunSr g ata wiu be foui!d i"
A former Boston man, a graduate
cfnf CuQiff. now president of the
sen biveofatfh Vie leSislative as!
mS. in e State' was tne chair
man in the convention of the com
m ttee on revision, style, and com
pilation. With Mr. n,, " com
committee were four other gentle
SJV0 0f ree'of Si
ior of arts, and there wero mnnv
other learned men in that bodv t?
was said that tllere won;g;
nrthnLiOI1Venton' and that was true
f.r Sach man had a strong, vigorous
mind and did not need nnv E
ship. The sovereignty of his mm?0"
ship his educationlnd SpeHence"
which come soon in the groat ; BmJfh'
west, were sufficient leadership ft
him Moreover, a large majority nf
the delegates were instructed R1
voters as to the kind of constitut on
the people wished. nt..wni.t1ltut1.011
so instructed regarded Him.!gates
bound in conscifnee and S Tlves as
carry out the aole mantoto S'th0
People. Of the 52 deleeafS iH the
And the various states of the union
wero represented as follows:
Georgia ; . " " ' " "
Indiana ' ' 7
Texas ...... 1
Massachusetts . ! ! ' ' "" 2
rcimuut - o
miBHuun i -:t
North Carolina . .
Oregon ' " '.'."'" ' J
Katisas V.Y.Y.Y.7 1
EnhfiVADf0regn born a11 wero of
S5HP. --r of JSS'
xTh Ai-izona was 19.
While tho convention was in
tlKi,01 tho rrd' a Ser"
uve oody, the members did not use
SSTSS5.M d,uw4S con!
ieai thought, but they used language
to express thought. Moreover fn
entence'w8, did not Glance eaL
charac? the ,Stui)Id cautIon that
nor did rw iPaSSive intellectualism;
fn a tank o7 11,mmers every sentence
wo do here utterance, as
motons aak u J"
the Recorrf ! f at X may delude in
C ! h ? aa APPendices A, B, and
?' bfein? respectively, copy of a Iet-
of AritZonaPUal,nliiC 7M citVens
people ot A, l addressed to the
of the Unitiiut na ,Upon the suect
copy of i w e andferendum, also
rV iblf t0 ooth houses nf fi, ij
jature of the state of Arizona unnn
Mr. Ashurst. Mr PpflDi,ini
Powered by Open ONI