Page:The Green Bag (1889–1914), Volume 23.pdf/677

This page needs to be proofread.

The Recall in, California

635

evidence, the court shall be convinced that the error has resulted in a mis

judges subject to dismissal, will soon

carriage of justice.”

and referendum, and the judicial recall,

In this connection the New Orleans Times-Democrat observes: “Whether the Californians have acted wisely remains to be seen. In the past they have had, perhaps. greater cause for discontent with the conduct of certain members of their judiciary than the people of any

is no doubt due chiefly to aradical senti

other state.

ment which differentiates the democracy

that they will actually use the weapon

of the newer from that of the older

just adopted against their judges. Other

states, but it may also have been due, to a considerable extent, to the promi

western states have refrained, and to

nence of local political issues of the

been ‘recalled’ in this country." Woman suffrage was adopted by a

-

All the amendments had been ap proved by the legislature before being

submitted to the people at the polls. The adoption of the amendments re

lating to woman suffrage, the initiative

movement

overshadowing

all

others.

Many doubtless voted for these meas ures from a desire to purify political conditions in California, and the drastic action taken by no means necessarily

foreshadows recourse to the initiative and recall except in extraordinary emer gencies. United States Senator John G. Works declared: “These are extraor dinary remedies to be used only in cases of extraordinary necessity. I

believe the people of California are wise enough to use them fairly and justly."

These measures of direct popular government having been incorporated in the constitution of California, granted that the constitutionality of legislation

later adopted be sustained, may not, in their practical operation, bring about anything like the political revolution which might too readily be looked for. The judicial recall, applying to all judges save those elected in chartered cities, was adopted directly in the face of President Taft’s earnest utterances,

do so.

It is by no means assured

this day, we believe, no judge has ever

much smaller majority, San Francisco's adverse majority being 13,705, which was more than offset in the rest of the state. Even in San Francisco progress is measured by the fact that fifteen years

ago this city recorded 24,000 majority against the amendment. California is the sixth state to grant

full suffrage to women.

The first state

in the Union to take this step was Wyo

ming, in 1869. There was no other addi tion to the states where women might vote until 1893, when Colorado granted them the franchise. In 1896 two states,

Utah and Idaho, passed suffrage amend ments to their constitutions. The state of Washington had a vote on the ques tion at the election of 1910, and gave the vote to women. although the measure had been twice defeated in that state, in 1889 and again in 1898, once by 19,000 and later by 9,000. The election undoubtedly afforded many illustrations of the danger of re ferring too many questions to the voters

and the overwhelming majority by which it was carried is surprising.

at once.

California is not the first state to apply the recall to the courts, Oregon

possibly be treated with the deliberation necessary. The San Francisco Call says:

having the same provision. Other western states are of the same temper, and if they have not already made their

if the great body of the voters gave to

So many questions could not

“The vote was large, but it is doubtful the propositions the time and study