Page:The Green Bag (1889–1914), Volume 25.pdf/144

 Further Light on the Recall

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If the principle of the recall is once conceded, there is no reason, either theoretically or prac tically, why it should not be extended to all judicial questions, where the social, industrial or political interests of the people are involved. Whatever the question involved, the vote of the people would be based upon no clear or enduring principle which could be formulated, nor could the reasons of the voters be ascertained with any degree of cer ainty, for use as a prece dent for the guidance in the future either of constitutional conventions or courts or legisla tures, or even of the peqple themselves. Upon a subsequent referendum upon a similar question, it might well happen, therefore, that through some factitious circumstance, political, social, industrial or personal, a different vote might be cast; and as a result of repeated referendums we would soon have an irreconcilable conflict of popular decisions, without the possibility of de ducing any safe or certain guide for future action. The foregoing views of several speakers tend to emphasize more strongly the misconceptions underlying misguided attacks on the courts, and to confirm the conclusions of Judge Herrick's cap able sub-committee. The feeling of dissatisfaction was stated by the sub committee to have arisen from the fol lowing among other causes:

1. Misstatements and misrepresentations of the decisions and attitude of the courts. 2. Misapprehension of the powers and duties of courts and judges. 3. The delay and expense involved in civil and criminal cases. 4. The fault-finding of defeated litigants and their attorneys. 5. The manner of selecting judges, and the qualifications and fitness of some of them. Reference was also made to many acts supposed to be for the benefit of workingmen and mechanics which were crudely drawn; some had clauses in serted, it would seem, almost for the purpose of having them declared invalid, many were passed when their invalidity was apparent. Legislatures and Gov ernors, appreciating the invalidity of such statutes, but with a fear of offend ing those in whose real or supposed inter est they were enacted, instead of frankly explaining their defects, passed them on to the courts for their adjudication and thus placed upon the courts the respons ibility and odium of thwarting measures intended for the benefit, of certain classes.

The Xew York State Bar Association held its 36th annual meeting at Utica January 24-25. The subject of the recall was not scheduled to receive special attention, but was forced into a position of greater prominence than it occu pied on the program. The reports and addresses dealing with the subject have already been noticed. Other business on the opening day consisted of reports from the committees on Commitment and Discharge of the Criminal Insane, Contin gent Fees, and Publication of Legal Notices. The first of these reports was supplemented by liberal quotations from Dr. Haynes of Roches ter, who condemned the practice of a person escaping punishment on a plea of insanity and later gaining freedom by regaining sanity. Secretary Wadhams read the report of the committee appointed to attend the annual meeting of the Illinois State Bar Association, at which the subjects of procedural reform and recall were discussed. The New York men found the meeting one of profit to all.

Hon. Willis E. Heaton reported for the New York State Association of Surrogates, telling of the many duplications in the surrogates' law, and showing the urgent need for its revi sion and simplification. In this connection it is of interest to note that the Revision Com mittee of the New York State Association of Surrogates, meeting at the same time in Utica, made tentative changes in the surrogates' law, with the understanding that their recommen dations would soon be made law. The revi sion was general in scope, said Secretary South ard, with simplification and codification as its object. Frederick D. Colson, law librarian, in dis cussing "The Rapid Creation of the New State Library," after telling what a great loss was sustained by having the library destroyed by fire, showed how it had been possible in a com paratively short time to get together a very fair working library. Charles A. Boston reported for the Committee on Judicial Statistics. This committee was named