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Show THE RECALL I Idaho Senator Speaks M For the Minority and 9 Financially Weak M Washington, Aug. 7. Senator Borah 1 1 I of. Idaho, in a . speech .on the state- n H hood bill in the senate today, vigor- 1 ! t H ously attacked the principle underly- J ' H ing the recall of the judiciary. He i H declared it his "deliberate and ' un- ,H j compromising opinion" that without a 'fw free and independent judiciary, pop- II ular government would be a delusion , IS "a taunting, tormenting delusion." . The speaker declared that, in fram- ! !il , ing Jaws, legislators should be bulded ill by a well-formed and well-sustained vM 'public opinion, -The-praotieal wisdom ill born of the reflection -and e'xperlen'ce ' firm of ninety millions of people, he said, f I was a remarkable .safeguard -for law- 'ml makers, Laws should embody in their W I enactment, as near-ag might be, the fjfl practical Information. -of -the railroad Jul owner, laborer, . farmer,, .banker, me- nrl chant, lawyer and the thousands upon ; Sal whose integitj rests the fabric of 111 modern business. - l In emphasizing the importance of an ft I absolutely independent judiciary, who I should consider nothing but the terms I I of law as written, Senator Borah reg- M I istered his disapproval of judicial leg- jft m Islatfon. Infl "If the law be a bad law, detriment- 111 al to the public welfare," he said, "the H peoplevmay modify or repeal It. But H the judge who legislates not only vlo. IH lates his oath, but undermines the has- IH ic principles of our Institutions and ! " onens the door to Ininstlrn Ami fraud r KIH ''I'nm'afrald that the principles of l 111 the recall as--applied-to judges will JjH tend to establish the rule of the ma- jS jority in matters of judicial contro- ! ,H versy. It Will tend to make decisions t?fl bear. the. color and drift of majority" , f H rule'-of Iparty domination 'rather than I H of a faithful- rendition .of the law and ' I H the facts.- ..... 9T "We sometimes argue that the first LH principles of democratic or republican M H government is that "the majority shall H rule. -That is true in making laws and H determining policies, 'but it has no M place in, and will destroy, the repub- il lie 'if applied to the courts or to con- fH troversies to be determined under the . tmm law. There all men r . are equal. t Though the majority must rule, yet, H a Qvenmont whlchhas -no method i lJM for protecting-the'-rights" of the mln- VB ority is a despotic government. I do H not care whether yon call it a mon- !vH archy, an aristocracy or a repubjic. l "A government which will not" pro- (1 tect mo in my rights, "though I stand n ;l alone and against .alL. my, neighbors, tkfl is a despotic government. If our ffl courts aro tiught to listen, trained by IS this subtle process of the years, and ' H to hearken to the voice of the ma- m jority, to whom will the minority ap- M peal for relief if the Voice of the ma- 1 jority controls? If this principle fl- H nally comes to be recognized in the jH timidity of judges, to what power in I'jH our government will the isolated, the r unfortunate, the humble and the poor 1 H go for relief? Where will those with- H out prestige, without wealth or social I H rank go for protection?" n M Declaring that although the Amcri- ,. j ; H can citizen loves liberty, he also in ill the end demands security and sta- J H bllity. Senator Borah said a proposi- H tion which would Imperil the indepond- Ufl ence of the judicial system would not H long be tolerated. V H One of the main questions settled ', I H by the English revolution of 16SS, he I V H asserted, was that the people should 1 H have the right to appeal for protection 1 H to an Independent tribunal of justice. K "A feeble, a timid, an obedient ju- jj H diclary has always in tho end proven jjj to be an incompetent, 'a cruel or a cor- H rupt judiciary," said he In conclusion. t. H "When and wherever. In all history j M you find a dependent judiciary, you i find that it is the man of limited I . H means, the poor man, who suffers j Jm the man who has not the wealth to H purohaso immunity or the prestige to ; H command decrees. Whon the people i mm have written the law, then let us have i M an independent judge, free from any H political tear, to' Interpret the law as M written until the people re-write it" , .Mm mM on I ImWi |