| Show Recall of Judges Declared Fallacy Plan Denounced in Strong 5 Terms by American Bar Association ADDRESS BY SUTHERLAND Utah Senator Sharply Criticises Those Who Question Federal Fed Fed- Federal eral Constitution MILWAUKEE IVis Wis Aug Se S.-S- Se Severe vere criticism of those who question question question ques ques- tion the the- adequacy of or the federal constitution constitution con con- and of or who seek to replace replace It it with policies dictated b t y passing whims and fleeting emotions emotion was made matl b by United States Senator Se Sutherland of Utah in an address s be before before be- be fore for the tho American Uil liar Bar al association to- to night M Maintaining that the chief value alue of ot the constitution ts Is s In Its It's operation to prevent cn t considered Ill an and impulsive Ini action Senator Sutherland denounced the plan for tor recall ol of Judicial ll decisions which ho I said ald in effect would be bo to tn render n II judicial decision b by a u show o of ol hands hanl at the polls It ft Is becoming unfashionable to speak peal well of or the time constitution declared declared de de- tIe tIe- clare Senator It Is no longer respectable to tu profess the an- an cent faith in th the learning and integrity integ Integ- rity J of the tho courts rile 1110 good faith alth of ot Continued on P Pane age Column I. I SUTHERLAND DEFENDS CONSTITUTION Ii RECALL OF JUDGES DECLARED F ALLAGY Condemns ls Policies Poli Polk Poli-I Poli Utah Senator cies des Dictated by PassIng Pass- Pass B ing Whims BAR BAR ASSOCIATION ADDRESS Theories Theories' De DeI DeK De- De j Roosevelt's 00 t New I K nOll pounced aced as III Ill Considered I and Im Impractical p Continued from Page Pale One he people themselves in seeking these i radical ducal changes Is not to be questioned but ut wo we may Justly doubt their wisdom In u having lent a 3 too ready car to the professional demagogue ue whose strident voice voice has filled tilled the land with his t Considered and impractical theories I i Judicial Recall Denounced The recall of Judges was formally deL de- de L bounced by the association as a fallacy fal flacy lacy and andas as tending to deprive the public o of Judges of ot ability and high character Y A motion to urge President nt Taft and Congress to Increase the salaries of federal Judges provoked heated debate The tie motion was tabled A committee was appointed to ask aski i Congress to IOto empower the tho supreme court to prepare an and put Into effect a complete correlated system of pleading pleading plead plead- in ing and procedure for the common law side aide of ot the federal courts as is now b being done for tor the equity side f rh The purpose is to secure a uniform system of pleading for tor state and fedir federal fed fed- ir eral l courts Model Marriage i The association approved a model marriage law Walter George Gcorge Smith of Philadelphia who presented presente the model from tram a committee declared tho the law DW would disavow common law mar mar- Triages x t f Having approved a model uniform law JD Intended for tor adoption by all the states to prohibit the employment of children under under tinder certain ages the association discovered dis- dis covered today that It had gone on record Tec- Tec ord ord against the use uso in any part of ot tho the thoi i country of ot ca caddies under fourteen 1 years old i. i The he proposed law as offered by Waltel Walten Wal- Wal 1 te ten tel George Georgo Smith of ot Pennsylvania pro- pro i s that no child less than fourteen J years years Jears of ot age shall be bo permitted to work Kin fin or about among other places any any boarding hoarding house barber shop laundry I garage place o of amusement or club Ii J I and although it was as not Intended to tot t refer to caddies Mr Smith explained el c every effort would be ma made e to have the tho Ii model mode law air generally c adopted a William R. R Morris of ot Minneapolis one one of ot the three negro lawyers lawers who had been eIl u unseated s by the exe executive commit commit- tee but which action actton was rev reversed by bythe bythe I the association I. I hi I sent 1 a tele telegram ram an- an b ng b ma s r ev IL Tha L ine ne I nation was accepted I t Senator Sutherlands Sutherland's address follows If New Political Propaganda r r It Is s becoming unfashionable to speak well of the constitution It i 1 Js no longer respectable to profess the ancient faith In the learning I and Integrity of ot the courts There Is abroad In the land a new political propaganda anda whose teaching suggests suggests suggests sug sug- that the written constitution Is 18 binding only upon the minority y yand and that Its meaning ma may 3 be as ascertained ascertained ascertained as- as more accurately b by In InSpecting Inspecting In- In J the casual contents of ot the tho ballot box than b by Invoking the tho trained and deliberate ju Judgment of or 1 the tho bench The Tho lessons of the tho fa fathers fathers fa- fa and of or his history tor are being rapidly rapIdly rapIdly rap- rap Idly and contemptuously consigned to the limbo of ancient and discredited discredited discredited dis dis- credited superstitions The past Is useful only In so far tar as It teaches us what to avoid avold Doctrines and laws Jaws are ri right ht In Jn proportion as they are novel noel The Tho desirability of off f the thins thing proposed is measured b by R 1 the extent it differs from things t as ns tho they are arc E Experiment Is more moro k- k highly regarded than demonstration tion and prediction Is e exalted above experience Whosoever advocates old m methods or old institutions however r well wen proven and long con con con- is suspected of ot having engaged en enga en- en ga ed In the tho nefarious enterprise of ot ott t working a confidence game samo upon a virtuous and progressive tion llon i There Thero Is ls a growing sentiment that the constitution 1 has become obsolete and that Its provisions T stand In Ili the way of or reforms which M are demanded by the people a sentiment soil sen- t which if iC It runs unchecked must result in the serious Impairment impairment impair- impair 4 ment f if not the disastrous overthrow over over- throw of our Institutions and their 1 i orderly and wisely progressive adt ad- ad j t ministration Many of us do not x t believe that the tho constitution has JJ been outworn or that It has beH become become be- be H come a dead wall In the path of g Progress to be assaulted and overthrown overthrown overthrown over- over thrown before we can move on its Its principles are arc living forces as Vital now as whoa when they were adopted adopt adopt- ed it is not and never has haa been a wall but a wide free flowing treana within whose ample banks every needed and wholesome re reform reform reform re- re form may be launched and car car car- rued ried J of The overshadowing and sinister r men menace cc to tho the American s social structure today Is Is' the newly newl developed developer devel level oper tendency In the direction of ot breaking down own the organic consciousness consciousness con con- of the people There Thero Isa is isa isa a a lessening of or the tho old sense of ot loyalty loyalty loy Joy alt alty to to the tho Int Integrating and balancIng balancIng balancing balanc balanc- ing agencies of or our government which we wo have ha ourselves created and which are BO so essential to our arder orderly exl existence tence If It this tendon tendon- I cy shall go JO forward increasingly disaster must Inevitably result for foran foran foran an aggregation atlon of Individuals can canno canno canno no more escape the consequences o which follow a violated law of their being than can cnn the tho single lo Id ual In both cases the penalty for excising the vital organs Is death and dissolution In the political body the vl vital al organs orJans ar are the legislative l legis legis- legislative tho the executive and the Judicial judicial judicial Judi judi- cial departments The functions of ot government committed to these or organic organic or or- ganic Institutions can no more be carried on successfully by society en masse than the functions of oC the human bo body y can be discharged Inorganically In in organically The framers tramel's of at the federal constitution constitution con con- were deeply learned In tho the science an and his history tor of government nt Thc They knew the anta ad advantages es of democratic dem- dem Institutions but they saw with clear vision the weaknesses and the dangers which must be guarded against if government by bythe bythe bythe the people was to be bo just and en en- en during The They know that a pure democracy was a beautiful but hut a barren an and deceptive Ideality which had never neer survived and In Inthe Inthe the nature of ot things could never survive the tho test of or practical experience experience experience since It constitutes an at attempt attempt attempt at- at tempt to carr carry on the tho complex functions of ot the social organism without the necessary and appropriate appropriate appropriate organs The They realized that for the three millions of people of ot their day a as a fortiori for tor the ninety millions of our da day to undertake un un- un- un by direct action the making makInS making mak mak- ing InS of ot laws Jaws the Interpreting o of laws Jaws and the executing of oC laws would be to substitute for the or orderly orderly or- or derl derly and despotic rule of at the tho king the spasmodic lc and often otten no less despotic rule of ot tho the fluctuating majority The voice of ot the people may be the tho voice of ot God but neither neith neith- er God nor the tho people at atall all times speak through the tho lips of tho the major major major ma ma- jor portion of or the people The problem which faced face the framers was that of devising a form torm o of government government gov gov- by which the sober and de deliberate deliberate de de- liberate will of or the people might be effectuated without at nt tho the same time becoming the mere mechanical and helpless register of ot the passing whims and caprices caprices' and fleeting emotions of or the constantly changIng changing changing chang chang- ing numerical majority eo ow n pelf cir II d Democracy B By the constitution thc they therefore therefore there there- fore tore established a representative republic a a self limited C cy They provided for the three separate and distinct departments conferring upon upon each its appropriate ate powers and thereby den denying to each an any authority to Inva Invade e the tho domain of the tho others So delicate and yet et so stron strong was the n adjustment adjustment adjust adjust- just just- ment that the plan has operated with justice and efficiency for more moro than a century of unchallenged unchallenged lenge time lime The average aera c citizen except In periods pe periods pe- pe of ot stress has been scarcely aware of or the existence of these three great governmental a agen agen- cn- cn cies des Until recent years it seems never neer to have occurred to him that direct participation on his part inthe In inthe the tho framing of ot laws tho the recall of ot ju judges or the revision of ot Judicial decisions was a fun fundamental or valuable right Tight of which he ho was being unjustly deprived Ho Ito has hns lived In peace under his own vine and tI fig tree in the secure and unmolested unmolested un un- un- un molested po possession of his property proper proper- t ty pursuing in his own wa way the enjoyment of ot life lite liberty and happiness happiness happiness hap hap- subject to only such re restraints restraints restraints re- re as would enable others to todo todo todo do the same But nut all at once the call has gone forth for the people to take possession possession possession posses posses- sion of ot the machinery of government government govern govern- ment and b by direct action perform the difficult and complicated functions functions tunc- tunc of ot making construing and executing executing- laws The good oo faith of the people themselves In seeking these radical changes is not to 10 be bo questioned but we may Justly justl doubt their wisdom in having haYing lent lenta a too rea ready car to the professional dema demagogue ogue whose strident ent voice has filled fUle the land with his ills Ill con and theories The senator contrasted primitive conditions conditions con con- when social relations wore were simple with modern complex society and pointed out that the tho English ad advanced advanced ad- ad slowly from primitive to complex complex complex com com- plex social conditions and ami gradually evolved e the fun fundamental principles of law and government but hut the United States Slates came Into existence b by the creative creative creative cre cre- feat teat of ot revolution the they had no traditional constitution and tho they thoy entered entered entered en en- Into a compact by which the the should ho bo governed The last decade has witnessed the tho advent adent or of amiable but restless s gentlemen gentle gentle- men who arc are persuaded persuade that the constitution constitution constitution con con- stands In tho the way of social an and moral advancement but they have ma made e slight Inquiry as to their probable destination lie Ile instanced d by bv way of Illustration the two methods of or de descending descending de- de from the thc Arch of Triumph at Paris of ten or a dozen men at Its top all but onu ono descended e b by the stairs one of advanced views utilized more directly the force of oC gravity and and jumped the following afternoon he was laid away In iii the cemetery attached to the tho as asylum lum from which ho he had escaped The speaker considered that the chief value of ot the constitution IB is that I 1 I. I affords affords af af- fords a period of or sober Bober reflection and the constitution rarely presents nn any obstruction ob- ob to real progress when It does the thc desired result may be bo by am amendment rather than violation He disagreed with those who In spite of or a Judicial doctrine recognized for more than a n. century now assert that the courts ho have ve usurped the i i power of declaring legislation unconstitutional and showed by argument that their po position position po po- is untenable in respect to tho the recall of Judicial decisions he ho said that tho the mischievous of ot such a asU sU suggestion Is so apparent that Its distinguished distinguished dis dis- ls- ls author does docs oes not n stem fIem em to havo have pressed It with his customary vigor Igor Ho lIo consi considered ered that tho the demand that the tho courts shall automatically accept ac ac- ac- ac copt the tho impressions of the tho multitude proceeds upon pon a a. misconception of the Ju Judicial office he ho insisted that a Judge has no constituents he ho administers not the tho edicts of ot the people but their laws Jaws and statutes and ho is not concerned concerned concerned con con- with anybody's ys y's wishes but with rights and the poised and balanced I scales of ot Justice are the tho Insignia of his office and not the ballot box Ho He urges as an additional reason why the tho opinion of ot the majority of the United States should not prevail over the constitution that each state and its people have rights under the constitution lion ion which must be observed by following following fol tol- lowing constitutional met methods s of amendment He considered that hat construction of the tho constitution according to the will of oC tho the majority would set sot the adminIstration administration administration admin admin- of ot law afloat upon a sea of uncertainty and would be contrary to the tho un underlying erling principles of the tho compart com corn part pail In the constitution He appealed to history to demonstrate demonstrate |
