Recall of Judges

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Pacific Press Publishing Association · Mountain View, California · Apr 23, 1912

FromSigns of the Times, Vol. 39, No. 17.

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Recall of Judges

Recall of Judges.—In the following, the New York Thrice-a-Week World puts the matter clearly and asks some pertinent questions, which should arrest the attention of the thoughtful:
“No American court has or exercises the power to deny to the people the right to carry out any given policy. But the people have imposed upon themselves constitutional restraints against hasty action, and have established a judicial power to make those restraints practically effective. The people may in a moment of passion demand and secure ex post facto legislation. But they have said in their constitutions that this must not be. Would the court ‘nullify their wishes’ in hearing their sober constitutional demand instead of the momentary popular impulse? . . . Is trial by jury to be likewise set aside on a gross miscarriage of jury justice? Or the writ of habeas corpus or the freedom of speech or the right of petition?”