University of Santa Clara - Redwood Yearbook (Santa Clara, CA)

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THE REDWOOD. 13 found to declare that that power shoidd be given to the Governor or the Leg- islature ; and yet the people of this state have before them a constitutional amendment v hich provides that this power should be given to the crowd in the street. It means that the few have Avithin their hands the power to retard and destroy justice completely. While we are about it why stop at 12 per cent, why not go to 11 per cent, 10 per cent, 1 per cent, made the individual the judge; and let anarchy rule; for this is what it means in the end. When our forefathers so generously poured forth their blood on the bat- tlefields of the Revolution they did so in order to secure to themselves and to their posterity, a land freed from the absolute despotism and tyranny of the monarch. They formed a govern- ment which took the middle path be- tween the absolutism of the individual on the one hand and the absolutism of the mob on the other. But we, in our superior knowledge and in our new philosophy, propose to undo all that the wisdom of our forefathers have done for us ; and institut e the new form of government that deluged with blood the fair France in the days of 1793. We of the negative side, Mr. Chair- man, would be the last to assert that our present system has always brought forth ideal results. Now and then the people have made mistakes in the se- lection of their representatives. Bad men have been put in power; small men have been sent where large men have been needed ; ignorant men have been charged with duties that only learned men could fitly fill. But, Mr. Chairman, does it follow that if the people make mistakes in the simple matter of the selection of their agents, that they would be infallible in the more complex and difificult duty of the interpretation of laws? There never was a more glaring Non sequitur , but yet it is the very corner stone upon which rests the new philosophy; the people cannot be trusted with few things , runs this singular logic, therefore let us put all things into their hands . With one breath we are told that it will promote our best in- terests to renounce the old system be- cause the people make mistakes, and with the next breath we are solemnly assured, that if we adopt the new sys- tem, it will promote our best interests because the people will not make mis- takes. You cannot change the nature ot men by changing their system of government. The limitations of human judgment and knowledge, which ren- der perfection in the representative form of government still urtatainable, will still abide even after that form of government has been swept away ; and the ideal will be still far distant. Honorable judges, we of the nega- tive have proved our case. My col- league, the First Negative, has proved that this measure is wrong in its very nature for our form of government, and that it is a most subtle blow at the existence of our nation. The Sec- end Negative has proved that this re- call is entirely unnecessary and that the abuses that exist in our present system can be remedied by means more in keeping with our form of gov- ernment and finally I have shown that the proposed cure is worse than the disease. Mr. Chairman, here stands our mighty state, a part of thar great and prosperous nation, wherein each man is secure in life and property and

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12 THE REDWOOD. promote the best interests of the peo- ple of this state. But under the recall system we will not take our judges out of politics, but push them further in. Mr. Chairman, England ' s common law is often held up as a model, and it has attained its high reputation, be- cause in the days of the revolution it was taken out of politics when the rev- olutionists insisted that the judges should hold office for life or during good behavior; because they placed the bench, not at the disposal of the kiog, but above the king. There the judiciary does not have to keep its ear to the ground to ascertain the public sentiment, but without fear or favor, it can devote its entire time to a strict, just, and fearless administration of the law. Now apply that, here under the recall; and what have you? You will find that you have placed the judiciary, not on the high plane of England ' s Bench, but where the public sentiment can put its foot on the neck of the judges ; where the will of the people, whether just or not, can take the judges by the scruff and throw them intp the street. Mr. Chairman, one of the greatest evils that the recall will bring, is that it will practically place in the hands of unscrupulous corporations, the judici- ary of our state. At first, this state- ment may seem ridiculous but on fur- ther examination we find that it is only too true. The newspapers of this coun- try are the moulders of public thought and they sway the populace whither they will. It would be easy for them to stir up the people so that a recall election would be demanded. And now, Mr. Chairman, the point is this, that all the large newspapers of this state, with the possible exception of one, are owned or subsidized by the interests. Our Primary law would go for naught. The people would elect their judges, but the interests would recall them through the medium of the subsidized press. Why, Mr. Chairman, this alone is so startling and appalling, when squarely met, that it should be sufficient to prove that the recall is not for the best interests of the people of this state. The amendment requires only 13 per cent of the registered voters to sign a petition in favor of a recall. The pe- tition shall contain a general statement on the grounds on which the removal is sought, which statement is intended solely for the information ci the elect- ors, and the sufficiency of which shall not be open to review. In other words a judge may be recalled for anything whatsoever, a racial feeling, a religious prejudice, and so a disgruntled minor- ity could obtain a recall election. It has been argued that a just judge need not fear, but this is begging the ques- tion, because how do you know that such will be the case? Just because the theory of the recall is, that it will only be called into use to protect the people against a bad judge? What guaranty can you give that it will not be called into being to harrass and in- timidate a good judge? There never yet was a two-edged sword that would not cut both ways. Mr. Chairman, there is not one man in all of our nine- ty millions in these United States, who would declare that our constitution should be changed, so as to permit the President in the White House or Con- gress in the Capitol to dictate to our judges what their decisions should be. And, coming back to our own state, there is not one here who couldi be

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14 THE REDWOOD. wherein each has an equal opportunity. It was founded upon the rock laid by our fathers when they imbedded in the constitution the solemn pledge to every state in the union ; that it should have a government republican in form . And long after these shallow substi- tutes, of which this measure is one, shall have been forgotten; represen- tative government will be doing busi- ness at the old stand , and declaring that government of the bunch and by the bunch and! for the bunch is lyranny . For anchored fast to the principles that representative form of government is government of the peo- ple, for the people, and by the people , it is assured not to perish from the earth. — Herbert L. Ganahl. THE MURMURINGS OF THE WINDS Unceasing Winds that keep the flags and banners waving, Unceasing Winds that keep the small white ships e ' er sailing, Winds of the land, Winds of the sea, Come whisper your murmuring songs to me. —Jos. Demartini