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Proceedings of a Session of the Illinois State Bar Association
April 26, 1912, 8 O'clock P, M.
• A . . ' *
Hi li*
(Continued from last issue)
Before Judge Wanamaker takes up the
closing argument several lawyers, mem
bers of the Illinois State Bar Association
speak five minutes on the question, and
a letter is read from Joseph II. Cboate
the Wall Street lawyer from his. office
in Wall Street. The remarks of all the
speakers are simply a repitition of Mr.
Wilkerson’s speech against the Recall
and about the sacredueSs of our instit
utions, and simply shows the reactionary
tendencies of the lawyers as a class, and
; will be omitted.
The President : Judge Wanamaker
will now close the discussion.
Judge Wanamaker : 1 have had two
I very distinguished honors paid me to
■ day, and I am doubly grateful to you for
both of them. 11 1 s honor enough to be
invited to address the Illinois State Bar
! Association, and no one appreciates that
| honor more highly than I, but it is still
1 a greater honor to be able to throw one
brick and hit so many ducks. (Laughter
, and applause.)
Gentlemen of the bar, I ain contending
for the principle of the right to remove
judges by legislative act. The legislature
of Illinois is vested with all power nec
essary t o remove any judge i n Illinois,
upon impeachment. I say they are an
unfit bodv, and any governmental bodv
is unfit to pass upon the qualifications of
another governmental body’s action. The
whole theory of government is that diff
erent departments shall be independent
of each other. That is what we are going
to get to. Let me ask you: Don’t you al
ways notice that there is always a fellow
: and a fellow sympathy among public
officers when some other public officer
is attacked ? When a suit is brought a
gainst a doctor for malpractice don’t
every other doctor feel frightened for
the security of his business ? When suit
is brought against a lawyer for neglig
ence and failure to perform his duty,
doesn’t every other lawyer unconsciously
sympathize with him ? How would you
like to try a case of malpractice before
twelve doctors as the Jury? How
would you like to try a case o f neglig
ence against a lawyer with twelve other
lawyers in the jury box ? What would be
your chance of a verdict ? How would
you like to try a case of a laboring man
on one side and a millionaire corporation
on the other side before the present jack
Pot Legislature of Illinois? (Applause.)
That i s \vhat you have got now, and I
ain free t o speak about that because w e
have one just as bad in Ohio. And you
would not try a case before them and I
would not unless I wa compelled to do
it. And that is the body that shall say
whether a -man shall continue on the
bench or not! That is the body that says
in Ohio whether a man shall continue cn
the bench or not! Don’t you think the
interests of the bench are a s safe i n the
hands of the people as in the typical leg
.1
1
A man who lias no free time to dis
| pose of, whose whole lifetime, apart
i from the mere physical interruptions by
I sleep, meals, and so forth, is absorbed
| by his labor for the capitalist, is less
; than a beast of burden.—MARX.
islatures of Illinois, Ohio and even, my
friend, the legislature of New York?
(Voice : That is right.)
Now, I say to you, I am in favor of
calm and deliberation in passing on this
question. Most o f you gentlemen have
been shooting away off from the mark
on the questions of judicial decisions. In
a labor disturbance no one seriously con
tends, as far as I have been able to study
the question, that because, i f you please
a judge here in Cook County makes a
decision that is unpopular to the labor
ing element that he shall be recalled.
The proposition is that the decision shall
be reviewed in the various courts of Ill
inois, and not till the Supreme Court
passes on it can that judge be subjected
to recall. Any other proposition is ridic
ulous. Let it proceed through the reg
ular and ordinary channels until it is
finally passed on the last time and the
issue raised with calmness a n d deliber
ation. What kind of calmness aud delib
eration did you have here in 1896 i:i the
Bryan-McKinley election? -Wasn’t it a
hout as warm as any issue you ever saw ?
Did anybody say the mob wasn’t fit to
elect a president, eh ? And yet that Pres
ident had the appointment of judges
enough t o absolutely change the whole
judiciary of the Supreme Court, has ap
pointed a majority. And that presiden
tial campaign was a hot one, wasn’t it?
I cannot conceive of anything any war
mer than the campaign of 1896. But we
will give you all the calmness and delib
eration you want. Let the election be
held within not less than four months
after the petition is filed. And you start
iu getting a petition of twenty-five per
cent of the voters ol Chicago against a
justice of the Peace, or a Judge of your
Municipal Court, and see how far you
will get. As I said 'a while ago, L is-easv
to ge*- a petition for a man. but when
you go out to get one against a fellow
that has exercised judicial power a man
will hesitate a long time before he signs
it. He says, maybe that fellow will get
a bliance, through me.
Say, Gentlemen, what was i t that led
the judge of the Supreme Court of the
United States, Judge Skiras, to change
his mind over night on the income tax
Was that fitful impulse or calmness and
deliberation ? A judge can have a fitful
impulse just as well as the people. No
body complains of the people being a
mob on the regular election day, they
only become a mob after that. I-f it will
suit you we will only recall judges on
the regular election day. Have it when
you have jour annual election in Nov
ember, that will obviate that difficulty
won't it ?
The possible evils resulting' from the
adoption of the recall o f judges b y pop
ular vote are as grossly exaggerated as
the possible good resulting from such
policy is overestimated.
The great struggle in the affairs of
government is between the visible gov
ernment, in theory representative of the
people, and the invisible government, iu
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\ i
READ THE DISCUSSION ON
THU RECALL OF JUDGES AND
FIND OUT WHY THE LAWYERS
ARE OPPOSED TO THE RECALL.
fact representative of the special interests
The people find that the political' boss
is always allied with the husiness boss.
Their method o f operation is, first, to
control nominations through a bipartisan
organization. If they shall nominate the
candidates upon both sides, it is immat
erial as to whom the people shall elect.
The boss wins in either event; the
people lose in either event.
The direct primarv is the political
friend of the people and the political foe
of the boss. Many states hav.e alreadv
given it to the people. lire long the re
mainder will he forced to give it to the
people.
The corrupt practice acts, vigorously
enforced, will further cut off the power
of the political and business boss in the
election. Hut with all the power and pre
caution the people may have i :i nomin
ating judges and electing judges, the
political boss and the business boss will
still have a considerable share o f the
judges on the bench.
To say that our citizenship shall be
sovereign in nominating judges and in
electing judges, and then their sover
eignty shall cease at the very moment
that such sovereignty becomes important
to tlie citizen is tlie sheerest folly, the
sheerest nonsense.
You might as well disfranchise the
people in the first instance if they are to
lose control of their public officer the
moment he takes h is oath of office and
enters upon the discharge o f h i s public
trust.
You say this is an experiment and a
dangerous experiment. That same ar
nnient was used more vigorously and vit
uperatively. against a score of the provis
ions of the federal constitution ; indeed,
the '.’hole constitution was an experi
ment. Washington, jeffer on, Tranklin
and,ail the fathers admitted it. They did
not claim to be infallible or they would
not have provided so fully for constit
utional amendments. T k e v themselves
amended their constitution ten times at
the first session of the federal congress.
The major part of the present da\
hostility to courts arises out of the fact
that the courts are disturbing the equil
ibrium of the different branches of the
government as founded by the fathers.
Tlje most superficial student of constit
utional history must admit that tlie fath
ers intended, when they created the jud
icial department,. t o fix its jurisdiction,
to keep it all the while under tiie control
of congress.
Notice tlie jurisdiction provided for
in the constitution. It is brief. Art. 2,
sec. 2. “In all cases affecting ambassad
ors, other public ministers a n d consuls,
and those in which a state shall be parly
the Supreme. Court shall have original
jurisdiction ; in all the 'other cases before
mentioned the Supreme Court shall have
appellate jurisdiction both as to law and
fact, with such exceptions and under
such regulations as the congress shall
make. ”
(Concluded in next issue)
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