DEBATERS' HANDBOOK SERIES THE RECALL DEBATERS' HANDBOOK SERIES Enlargement of the United States Navy (3d ed. rev. and enl.) Direct Primaries (3d ed. rev. and enl.) Capital Punishment (2d ed. rev.) Commission Plan of Municipal Govern- ment (3d ed. rev. and enl.) Election of United States Senators (2d ed. rev.) Income Tax (2d ed. rev. and enl. ) Initiative and Referendum (2d ed. rev. and enl.) Central Bank of the United States Woman Suffrage (2d ed. rev.) Municipal Ownership Child Labor Open versus Closed Shop (2d ed.) Employment of Women Federal Control of Interstate Corporations Parcels Post (2d ed. rev. and enl.) Government Ownership of Railroads Compulsory Arbitration of Industrial Dis- putes Compulsory Insurance Conservation of Natural Resources Free Trade vs. Protection Reciprocity Trade Unions Recall Other titles in preparation Each volume, one dollar net Debaters'Handbook Series SELECTED ARTICLES ON THE RECALL INCLUDING THE RECALL OF JUDGES AND JUDICIAL DECISIONS COMPILED BY EDITH M. PHELPS u THE H. W. WILSON COMPANY WHITE PLAINS, N. Y. and NEW YORK CITY 1913 Published October, 1913. EXPLANATORY NOTE Like the other volumes in this series, this handbook has been compiled for the especial 'benefit of students and debaters, and for libraries desiring to meet the needs of their patrons for ref- erence material on this subject. The volume contains reprints of valuable material covering the history and present status of and the arguments for and against the recall, including the recall of judges and of judicial decisions. Briefs are given for the recall of judges and of decisions, but it has not been con- sidered necessary to include one for the general recall as the brief for the recall of judges can be easily adapted for the purpose. The bulk of reprinted matter has been devoted to the judicial recall also, as this seems to be the most popular and important, and many of the arguments are the same as for the general recall. A map has also been included showing the progress already made by the state-wide recall in the United States, and the main features of the various state provisions can be compared by means of the accompanying tabulation. 267580 CONTENTS BRIEFS : Recall of Judges xi Recall of Judicial Decisions xv BIBLIOGRAPHY : Bibliographies xxi The Recall: General References xxii Affirmative References xxvi Negative References xxviii Recall of Judges: General References . . . . . xxix Affirmative References xxxiii Negative References xxxv Recall of Judicial Decisions: General References xli Affirmative References xlii Negative References xliii MAP xlvi TABULATED COMPARISON OF RECALL PROVISIONS After xlvi INTRODUCTION i THE RECALL : General Discussion: Gilbertson, H. S. Recall Its Provisions and Signifi- cance .Annals of the American Academy 5 American Bar Association. Report of the Committee to Oppose the Judicial Recall 14 Barnett, James D. Operation of the Recall in Oregon. American Political Science Review 19 viii CONTENTS 4 Affirmative Discussion: Guthrie, George W. Initiative, Referendum and Recall. Annals of the American Academy 23 Munsey, Frank A. Plain Talk About the Recall Munsey 33 Recall in Texas Outlook 33 Bourne, Jonathan, Jr. Functions of the Initiative, Ref- erendum and Recall Annals of the American Academy 35 Schaffner, Margaret A. Recall Yale Review 36 Recall in Seattle Outlook 37 Willard, Charles D. Municipal Progress in Los Angeles. National Conference for Good City Government. Proceedings 38 Negative Discussion : McCall, Samuel W. Representative as Against Direct Government Atlantic Monthly 41 Menace of the Recall American City 44 Tawney, James A. Proposed Reforms of the So-Called Progressives 45 Butler, Nicholas M. Why Should We Change Our Form of Government? ^. . United States. Senate Doc. No. 238 50 Ireland, Archbishop. Recall Condemned Minneapolis Journal 54 RECALL OF JUDGES : Affirmative Discussion: v Wanamaker, R. M. Recall of Judges A Judicial Affirm- ative Illinois State Bar Association. Proceedings 55 Smalley, Harrison W. Nullifying the Law by Judicial Interpretation Atlantic Monthly 62 / Walsh, T. J. Recall of Judges 68 I Owen, Robert L. Election and Recall of Federal Judges. United States. Senate Doc. No. 99 77 Manahan, James. Recall of Judges.. Minneapolis Tribune 84 ' Overton, Gwendolen. Democracy and the Recall. Forum 85 CONTENTS he / Roe, Gilbert E. Recall of Judges Academy of Political Science (N. Y.). Proceedings 88 Negative Discussion: Dougherty, J. Hampden. Substitutes for the Recall of Judges Academy of Political Science (N. Y.). Proceedings 95 Brown, Rome G. Judicial Recall A Fallacy Repugnant to Constitutional Government . . . Annals of the American Academy 101 Hornblower, William B. Independence of the Judiciary the Safeguard of Free Institutions . . Yale Law Journal 117 Stafford, Wendell P. Recall of Judges A Warning... Central Law Journal 120 Page, Edward D. Selection and Removal of Judges.... Academy of Political Science (N. Y.). Proceedings 121 Metcalf, James A. Dangers That Lurk in the Recall of the Judiciary Annals of the American Academy 122 American Bar Association. Report of the Committee to Oppose the Recall of Judges, 1912 124 Brown, Rome G. Recall of Judges 127 Fink, Albert. Recall of Judges. . .North American Review 134 RECALL OF JUDICIAL DECISIONS : Affirmative Discussion: Rosevelt, Theodore. Charter of Democracy Outlook 143 Roosevelt, Theodore. Right of the People to Rule.... Outlook 150 Lewis, William Draper. New Method of Constitutional Amendment by Popular Vote Annals of the American Academy 155 Davids, Berkeley. Recall of Decisions Law Notes 171 Metcalf, James A. Dangers That Lurk in the Recall of the Judiciary .Annals of the American Academy 175 Negative Discussion: Root, Elihu. Judicial Decisions and Public Feeling . . . . . .New York State Bar Association. Proceedings 179 Hamil, Charles H. Constitutional Chaos Forum 189 x CONTENTS McDonough, James B. Recall of Decisions A Fallacy Central Law Journal 201 Smith, Munroe. Development of American Constitu- tional Law Academy of Political Science (N. Y.). Proceedings 207 Brown, Rome G. Judicial Recall A Fallacy Repugnant to Constitutional Government Annals of the American Academy 211 Thayer, Ezra Ripley. Recall of Judicial Decisions 217 Hornblower, William B. Independence of the Judiciary the Safeguard of Free Institutions Yale Law Journal 220 Ashley, Clarence D. Recall of Judicial Decisions Academy of Political Science (N. Y.). Proceedings 227 BRIEFS RECALL OF JUDGES Resolved, That judges should be made subject to recall. INTRODUCTION I. It is asserted that numerous evils exist in our judi- ciary system. A. Our courts have been severely criticized. 1. By members of the bench and bar. 2. In the press and on the platform. B. Many suggestions have been made for the reform of courts and of judicial procedure. II. The recall of judges has been adopted as a remedy for these evils. A. It is now in force in Oregon, California, Arizona, Nevada and Colorado. B. Other states have taken steps providing for its adoption. III. There is serious and determined opposition to the fur- ther adoption of the recall of judges. A. Committees have been appointed to work against it. B. Much literature has been disseminated in oppo- sition. C. President Taft refused to admit Arizona to state- hood until the clause providing for the recall of judges had been eliminated from her Con- stitution. AFFIRMATIVE I. There are many evils in our present judiciary system. A. The delay and expense of litigation is too great. xii BRIEFS B. Decisions are based on legal technicalities and outworn precedent rather than reason and com- mon sense. C. The courts have usurped legislative functions. D. The judiciary has become the bulwark of special privilege. II. The recall of judges is needed to correct these evils. A. Impeachment has failed as a remedy. B. The fact that the recall could be exercised would cause the judges to feel more keenly their re- sponsibility to the people. C. Corrupt and inefficient judges would be deprived of office. D. The good judge would be protected in the per- formance of duty. E. The courts would be removed from the influence of corrupt interests, III. The recall of judges is desirable for other reasons. A. It is the application of good business principle to government affairs. B. It is constitutionally sound. 1. It is consistent with the republican theory of gov- ernment. 2. It has proved constitutional in the states where it has been exercised. 3. There is sound precedent in our governmental institutions for its use. C. It would be beneficial to the people. 1. It would restore the confidence of the people in the courts. 2. It would arouse people to a more intelligent study of candidates. D. Short terms and frequent elections of judicial of- ficers would be unnecessary if the recall were available. i. Judges could be elected for life, subject only to removal for inefficiency or malfeasance in office. IV. The recall of judges is not dangerous as has been asserted. RECALL OF JUDGES xiii A. It would not be abused. 1. People are conservative and would use it only on great provocation. 2. They are capable of using it wisely. a. They are as competent to recall as to elect. 3. It would not become the tool of vicious inter- ests. a. If this were likely to be the case, these interests would not fight it so bitterly. B. It would be exercised sparingly. i. The fact that it could be utilized if necessary would generally be sufficient. C. The rights of the minority would not be disre- garded. i. They would be safeguarded as they now are by the sense of responsibility and justice of the majority which is the preservation of law at all times. NEGATIVE I. The evils of our judiciary system have been much ex- aggerated. A. The courts have not usurped power to declare legislation unconstitutional. B. They are not reactionary and unprogressive. i. It is their business to declare law and not to make it. C. Many of the so-called evils are inherent in so- ciety and will remain so long as people are human. II. Such evils as do exist can be remedied without resort to the recall of judges. A. Members of the bench and bar are already work- ing to reform judicial procedure. B. The existing remedies of impeachment and re- moval for cause can be made more effective. C. The power of the courts to interpret statutes and to nullify laws by majority vote can be removed. III. The recall of judges would be undesirable for many reasons. xiv BRIEFS A. It is inconsistent with our republican form of government. i. Ours is a representative and not a pure democ- racy. B. The independence of judges would be destroyed. 1. Decisions would be influenced by popular senti- ment. 2. The rights of the minority would be subject to the will of the majority. 3. Constitutional gurantees would be endangered. C. It would be unfair to judges. 1. The method of procedure does not provide for a fair trial. 2. Passion and feeling would prevail in the elec- tion instead of judgment. 3. There would be loss of respect for the judi- ciary. D. It would be difficult to induce good men to serve as judges. E. The evils of our present system would increase rather than decrease. 1. The uncertainties of litigation would be in- creased. 2. The courts would become the tool of the bosses and corrupt interests. F. The people are not capable of exercising the recall wisely. 1. They cannot understand the intricacies of law. 2. They are too indifferent to take the trouble to secure correct information about candidates. 3. If the people do not elect good officials, they cannot be trusted to recall those who prove unworthy. 4. Recall elections would be left to the bosses and those in control of the nominations. IV. The recall of judges does not stand the test of ex- perience. A. The instances where it has been used show it to be vicious. RECALL OF JUDICIAL DECISIONS xv B. Judges elected for life have been shown to be superior to those subject to frequent re-election or recall. RECALL OF JUDICIAL DECISIONS Resolved, That state constitutions should be so amended as to provide that when an act passed under the police power of the state has been pronounced unconstitutional by the courts, the legislature shall, after six months and within two years, submit the act to a vote of the people, and a majority in favor shall be sufficient to establish it as law. INTRODUCTION I. Much recent social legislation, intended to relieve the injustices of our changing economic conditions, has been pronounced unconstitutional by the state courts on the ground that it is in violation of the "due process" clause of the Constitution which says that "no person shall be deprived of life, liberty or property without due process of law." A. It is held that such legislation is not a proper exercise of the police power. II. As a remedy for this condition of affairs, Ex-President Roosevelt has proposed that "in a certain class of cases involving the police power, when a state court has set aside as unconstitutional a law passed by the legislature for the general welfare, the question of the validity of the law ... be submitted for final determination to a vote of the people taken after a due time for consideration/' III. This plan, the recall of judicial decisions, has received con- siderable support. A. It has received the support oif the dean of an im- portant law school. B. It is supported by the Progressive Party. C. It has been adopted in Colorado. D. It has been proposed in the Massachusetts legisla- ture, and as an amendment to the Constitution of Illinois, and also to the Federal Constitution. vi BRIEFS IV. The American Bar Association has proposed, as an alternative, that the Federal Judiciary Code be amended to provide that all decisions made by a state court of last resort may be ordered by a writ of certiorari to be reviewed and reversed by the Supreme Court of the United States. A. As it is now, the Supreme Court cannot review any decisions where a state law has been pro- nounced invalid by a state court because re- pugnant to the Federal Constitution. B. This proposal has been approved by the Senate of the United States. AFFIRMATIVE I. The people have suffered injustice in many states be- cause the courts have refused to admit much social legislation as constitutional. A.. Such legislation has been instituted to remedy the injustices of our present social and economic conditions, and would improve very materially the welfare of our people. B. Many judges have failed, both by education and experience, to come in contact with these condi- tions, and their decisions have been based on legal conventions rather than justice. C. The "police power" has not been interpreted in accordance with present-day standards. D. The "due process of law" clause has often been given a wider application than was originally intended. i." That the courts do not agree on its interpreta- tion is shown by the fact that the same or similar laws have been pronounced consti- tutional by the courts of some states and not of others. E. Decisions are frequently made by a small majority of the court and hence one man is sometimes able to block the will of the whole people. RECALL OF JUDICIAL DECISIONS xvii IT. When acts passed under the police power of the state and affecting the well-being of the entire people are declared unconstitutional by the courts, the people should have the right to recall the decision. A. The judges are the servants of the people and not their masters. B. The people are as capable of interpreting the law as they are of enacting it. C. Interpretation of the police power depends on pre- vailing moral standards and the people are best fitted to judge what these standards really are. III. The recall of decisions is preferable to other remedies that have been suggested. A. Impeachment could not be resorted to in the case of such decisions. B. Changing the act so as to secure a favorable de- cision from the courts would not be desirable. 1. It would take too long. 2. The act would be weakened. C. Amending the due process clause of the constitu- tion so as to prohibit state courts from review- ing such legislation is less desirable. 1. Besides the delay, it is uncertain whether the court would consider itself bound to observe the amendment. 2. It would be arbitrary arid dangerous. a. The legislature would be freed from neces- sary restrictions. b. Constitutional limitations would be disre- garded. 3. The present difficulty is not with the constitu- tion, but with the judges' interpretation of it. IV. The recall of judicial decisions would be desirable for other reasons. A. It would not alter constitutional rights. B. It would not disturb the courts. C. It would remove the demand for the recall of judges. xviii BRIEFS D. It would teach the courts what the will of the people really is. E. It is practicable. I. Ample time can be given for consideration. F. It is conservative. i. The principle of the recall is already established in our constitutions. V. The argument that the people have not the ability to understand judicial reasoning is unsound. A. Much of this reasoning is outworn and unnecessary. B. The decisions of the people cannot be more in- consistent than many of those which have been reached by the courts. NEGATIVE I. It is necessary that the judicial function should be exercised by an entirely independent body. A. Constitutional law must be kept distinct from statute law. B. The separation of the legislative, judicial and exec- utive functions of government must be pre- served. II. The decisions of the courts in cases involving the police power should be final. A. The term "police power" demands legal inter- pretation. B. It is too vague to be left for interpretation to the legislature or to the people. III. The recall of judicial decisions is impracticable. A. It is more cumbersome than existing methods of amending the state constitutions. B. It could not be put into effect, except in cases in- volving state constitutional questions alone, without an amendment of the Federal Judiciary Code. I. Such amendment would be sufficient to remedy existing difficulties without resorting to the recall of decisions by the people. IV. The recall of judicial decisions is unnecessary. RECALL OF JUDICIAL DECISIONS xix A. The present system of judicial procedure is flex- ible enough to overcome present difficulties in the way of progressive legislation. 1. Courts are responding slowly but surely to public opinion. 2. Judges should Keep closer in touch with public affairs and render decisions more in accord with prevailing moral standards. 3. If a law is pronounced unconstitutional by the courts, a new measure can be drafted which will meet constitutional requirements, a. Many decisions are due to errors in draft- ing bills. B. If a change is necessary, there are other remedies less cumbersome and revolutionary than the re- call of judicial decisions. 1. It could be provided that legislation should not be pronounced unconstitutional unless the decision is concurred in by more than a bare majority of the judges. 2. Easier methods of amending state constitutions could be provided where necessary. 3. The Federal Judiciary Code could be amended so as to permit a wider appeal from state courts to the United States Supreme Court in cases -involving the Federal Constitution. 4. The "due process of law," "equal protection of the laws," and other clauses of a similar character could be removed from state con- stitutions, where these clauses merely dupli- cate limitations upon state action contained in the Federal Constitution. V. The recall of judicial decisions would be undesirable for other reasons. A. Constitutional guarantees would be endangered. 1. Necessary checks on legislation would be re- moved. 2. Cases would be decided by the people with reference to expediency only, and with no regard for their legality. BRIEFS a. The recall would be exercised in times of excitement and public feeling. P.. The uniformity of law would be destroyed. C. It would be dangerous to the courts. i. The authority of and respect for courts would be lost. 2. The independence and impartiality of judges would be destroyed. a. Decisions would be influenced by public sentiment. D. It would decrease rather than increase the control of the people over political affairs. E. The people are not competent to exercise the recall wisely. 1. They have not had the necessary legal training. 2. They could not and would not inform them- selves as to the merits of the cases. 3. It would be difficult to ascertain from the re- sults of the vote what the real decision of the people was. F. The recall of judicial decisions is inconsistent with our form of government. 1. It is not republican. 2. It substitutes mob rule for law. 3. It exposes the people to the tyranny of the majority. BIBLIOGRAPHY An asterisk (*) preceding a reference indicates that the en- tire article or a part of it has been reprinted in this volume. BIBLIOGRAPHIES American Bar Association. Report of the Committee to Op- pose the Recall of Judges, Frank B. Kellogg, Chairman. August, 1912. pp. 12-6. American Bar Association. Report of the Committee to Oppose the Judicial Recall, pp. 15-26. Rome G. Brown, Chair- man, "Minneapolis, Minn. 1913. Brown, Rome G. Judicial Recall A Fallacy Repugnant to Constitutional Government. Pub. No. 689. pp. 278-81. American Academy of Political and Social Science, Phil- adelphia. 1912. See also United States. 62d Congress, 2d Session. Senate Doc. No. 892. Bulletin of Bibliography. 7:5-8. Ap. '12. Recall of Public Officials. Charles W. Reeder. Central Debating League. Recall (Excluding Judges), pp. 34-8. Delta Sigma Rho, University of Chicago Chapter. 1912. Contains a list of bibliographies on Commission Plan of Municipal Government, Initiative and Referendum and other sub- jects in which the Recall is involved. Indiana. State Library Bulletin. 8:4. Ja. '13. Recall of Ju- dicial Decisions; Recall of Judges. Intercollegiate Civic League. Bulletin No. 13. Suggested Topics for Debate, 1913. pp. 4-6. Can be secured from Prof. E. M. Sait, Sec., Columbia Univer- sity, New York City. Johnsen, Julia E. Selected Articles on the Recall, pp. 9- J 3- The H. W. Wilson Company, Minneapolis. 1911. Out of print. Kansas. University Extension Division. Bulletin. Vol. XIII. No. 18; Debating Series, No. 4. Debating and Public Dis- cussion: Announcements of the Kansas High School De- bating League for I9i2-'i3. pp. 53-7. xxii BIBLIOGRAPHY Library of Congress. Division of Bibliography. Select List of References on the Recall. 1912. Typewritten. Library of Congress. Division of Bibliography. Select List of References on the Recall of Judges. 1912. Typewritten. Library of Congress. Division of Bibliography. Select List of References on the Recall of Judicial Decisions. 1912. Typewritten. Printed in Special Libraries. 4: 59-60. Ap. '13. Mabie, Edward C, and White, Leonard D., ed. Courts and So- cial Reform, pp. 7-11. Bibliography on Recall of Judicial Decisions. The H. W. Wilson Co., Minneapolis, Minn. 1913. THE RECALL GENERAL REFERENCES Books, Pamphlets and Documents American Yearbook. 1910. pp. 151-2. Recall. D. Appleton & Co., New York. 1911. American Yearbook. 1912. pp. 5, 6, 35, 58, 64-7. 232. D. Apple- ton & Co., New York. 1913. Bancroft, Hubert H. Retrospection : Political and Personal, pp. 503-20. The Bancroft Co., New York. 1912. Beard, Charles A. American City Government, pp. 68-75. Century Co., New York. 1912. Beard, Charles A., and Schultz, Birl E. Documents on the State-Wide Initiative, Referendum and Recall, pp. 242- 73, 280-90. The Macmillan Co., New York. 1912. Bliss, William D. P., ed. New Encyclopedia of Social Re- form, p. 1050. Recall. Eltweed Pomeroy. Funk & Wag- nails Co., New York. 1908. Boston. Finance Commission. Reports and Communications. Vol. II. p. 248. City Ptg. Dept., Boston. 1909. Bourne, Jonathan, Jr. Oregon System of Popular Govern- ment 6ip. Govt. Ptg. Off. 1911. Bradford, Ernest S. Commission Government in American Cities. Chap XX. The Macmillan Co., New York. 1911. Britannica Year-Book. 1913. pp. 746-7, 769, 773, 776-7, 783, 793, 798, 819, 823, 831, 844, 850, 866, 880, 914, 926-7, 932, 937. Encyclopedia Britannica Co., New York. 1913. THE RECALL xxiii Central Debating League. Recall (Excluding Judges). Delta Sigma Rho, University of Chicago Chapter. 1912. Constructive and rebuttal speeches of the representatives of the University of Chicago, -with briefs and bibliography. Chicago. Charter Convention. Digest of City Charters. 1906. pp. 72-3- Clancy, Frank W., Fergusson, H. B. and Springer, Frank. Constitution of New Mexico : Letters and Addresses. 82p. pa. 1910. Colorado Springs. City Charter, Framed by the Charter Con- vention, March 20, 1909. Article XIV. Recall of Elective Officers. Commonwealth Club of California. Transactions. 6: 153-225. Jl. 'H. Recall Amendment. Symposium. Des Moines Plan of City Government. 38p. pa. City Council. 1911. Fort Worth. Charter of the City of Fort Worth, Tarrant County, Texas. Sec. 135. S. H. Taylor, Printer, Fort Worth. 1907. Hamilton, John J. Dethronement of the City Boss. pp. 38-9, 209-12, 218-9. Funk & Wagnalls Co., New York. 1910. Jones, Chester L. Readings on Parties and Elections in the United States, pp. 351-4. The Macmillan Co., New York. 1912. Munro, William B. Government of American Cities, pp. 321- 57. The Macmillan Co., New York. 1912. National Conference for Good City Government. Proceed- ings, 1908: 223-46. Initiative, Referendum and Recall in American Cities. Robert Treat Paine, Jr. National Conference for Good City Government. Proceed- ings, 1909: 108-9. Recall. Clinton R. Woodruff. National Conference for Good City Government. Proceed- ings, 1909:223-4. Recall. Ernest S. Bradford. National Conference for Good City Government. 1909:326- 33. Recall in Los Angeles. Fielding J. Stilson. New International Year Book. 1910. pp. 622-3. Recall. Oberholtzer, Ellis P. Referendum in America. New ed. with sup. 1900-1911. Chap. XVIII. Charles Scribner's Sons, New York. 1912. Reinsch, Paul S. Readings on American State Government. xxiv BIBLIOGRAPHY pp. 108-16. Initiative, the Referendum and the Recall. Margaret A. Schaffner. Ginn & Co., Boston. 1911. Schaffner, Margaret A. Recall. Comparative Legislation Bulletin. No. 12. 2ip. Wisconsin Free Library Commis- sion, Madison. Out of print. Smith, James A. Spirit of American Government: A Study of the Constitution ; its Origin, Influence and Relation to Democracy. Macmillan & Co., New York. 1907. United States. 6ist Congress, 2d Session. Senate Doc. No. 603. Code of the People's Rule. Chap. XVI. pp. 130-2. See also Congressional Record. 47: Appendix 72. United States. 62d Congress, 2d Session. House Doc. No. 863. New Constitution for Ohio. Herbert S. Bigelow. Wilcox, Delos F. American City: Problem in Democracy. pp. 271-2. The Macmillan Co., New York. 1904. Wilcox, Delos F. Government by All the People. Part IV. The Macmillan Co., New York. 1912. Magazine Articles American Lawyer. 14: 108-15. Mr. '06. Election Reforms; the Trend towards Democracy. J. C. Ruppenthal. American Political Science Review. 2:32-42. N. '07. Initiative, the Referendum and the Recall. Margaret A. Schaffner. American Political Science Review. 3:420-1. Ag. '09. Recall. Margaret A. Schaffner. American Political Science Review. 5:248-9. My. 'n. Recall in California. S. Gale Lowrie. *American Political Science Review. 6: 41-53. F. '12. Opera- tion of the Recall in Oregon. James D. Barnett. Annals of the American Academy. 38: 833-8. N. '11. Popular Control under the Recall. H. S. Gilbertson. *Annals of the American Academy. 43:216-26. S. '12. Re- call Its Provisions and Significance. H. S. Gilbertson. Annals of the American Academy. 43:227-36. S. '12. Work- ing of the Recall in Seattle. Fred W. Catlett. Arena. 28:470. N. '02. Needed Political Reforms. Eltweed Pomeroy. Arena. 33:51-2. Ja. '05. Really Masters. Eltweed Pomeroy. Arena. 36: 45-6. Jl. '06. Recall. Eltweed Pomeroy. THE RECALL xx\r Arena. 41 : 353-7- Mr. '09. City's Struggle for Political and Moral Freedom. John D. Works. Case and Comment. 18:306-7. N. 'n. Issues of Reform, Woodrow Wilson. In favor of Recall but opposed to it as applied to judges. City Hall. 10: 343-4. Ap. '09. Three Mayors in Three Weeks. City Hall. 10:383-4. My. '09. Recall is Spreading. City Hall. 12:173-4. O. 'IQ. Recall. Congressional Record. 47: Appendix 69. California Senate Constitutional Amendment, No. 23: Text of Recall Amend- ment. Dallas News. Mr. 23-Ap. 30, '11. Initiative, Referendum and Recall. Otto Praeger. Same. Congressional Record. 47: 1464-72. Miy. 22, '11. Equity Series. 9:4-6. Jl. '07. Recall in Los Angeles. John R. Haynes. Everybody's. 25:548-50. O. 'n. Watch Commission Govern- ment Grow. William Daly, Jr. Gree'n Bag. 23:634-6. D. 'n. Adoption of the Recall in Cali- fornia. Independent. 58:69-71. Ja. 12, '05. First Discharge of a Pub- lic Servant. Eltweed Pomeroy. Independent. 68: 1374-8. Je. 23, '10. Oregon's Struggle for Purity in Politics. Jonathan Bourne, Jr. Independent. 70:1135; 71:384-5. Je. i; Ag. 17, '11. Recall of Judges. Independent. 74: 160-1. Ja. 16, '13. Recall in Action. La Follette's. 2:7-8, 17. N. 12, '10. Recall in Action. Literary Digest. 43: 303-4. Ag. 26, 'n. Big Stick and the Recall. McClure's. 37:647-63. O. 'u. Recall in Seattle. Burton J. Hendrick. Michigan Law Review. 10: 79-92. D. 'n. Recall and the Po- litical Responsibility of Judges. W. F. Dodd. National Municipal Review. 1:586-602. O. '12. Actual Work- ings of the Initiative, Referendum and Recall. John R. Haynes. National and Municipal Review. 1:659-61. O. '12. Learning to Use the Recall. Edward F. Mason. BIBLIOGRAPHY Outlook. 78: 472. O. 22, '04. Political Experiment. Charles D. Willard. Outlook. 89:831-2. Ag. 15, '08. Experiments in Democracy. Outlook. 91 : 757-8. Ap. 3, '09. Housecleaning in Los Angeles. Outlook. 96: 148-9. S. 24, '10. Dallas Recall Election. Outlook. 96:321-30. O. 8, '10. Popular Government in Ore- gon. Jonathan Bourne, Jr. Outlook. 97:295. F. n, *ii. Seattle Recall. *Outlook. 97:375*-6.* F. 25, 'n. Recall in Seattle. Outlook. 97:947. Ap. 29, '11. Mayor Seymour of Tacoma. *Outlook. 98:697-8. Jl. 29, '11. Recall in Texas. Public. 12:513. My". 28, '09. Use of the Recall. Puolic. 14: 151-2. F. 17, 'n. Recall in Seattle. Joe Smith. Public. 14:488-9. Recall in Tacoma. Joe Smith. Survey. 25:879. F. 25, '11. Recall of the Seattle Mayor. *Yale Review. 18: 206-9. Ag. '09. Recall. Margaret M. Schaff- ner. AFFIRMATIVE REFERENCES Books, Pamphlets and Documents Beard, Charles A. Loose Leaf Digest of Short Ballot Char- ters, pp. 21801-5. Practice of the Recall. H. S. Gilbertson. Short Ballot Organization, New York. 1911. Bourne, Jonathan, Jr. Popular v. Delegated Government: Speech in the Senate of the United States, May 5, 1910. Govt. Ptg. Off. 1910. Same. Congressional Record. 45: 5823-30. My. 5, '10; United States. 61st Congress, 2d Session. Senate Doc. No. 524; Reinsch, Paul S. Readings on American State Government, pp. 84-108. Bourne, Jonathan, Jr. Recall of Public Servants: Speech in the Senate of the United States, August 5, 1911. Govt. Ptg. Off. 1911. Same. Congressional Record. 47: 3633-43. Ag. 5, '11. Illinois State Bar Association. Proceedings, 1911:443-59. Oregon's Experiments in Self Government. Clarence T. Wilson. ^National Conference for Good City Government. Proceed- ings, 1905: 164-6. Municipal Progress in Los Angeles. Charles D. Willard. National Conference for Good City Government. Proceed- ings, 1905:384. Recall: An Experiment. THE RECALL xxvii National Conference for Good City Government. Proceed- ings, 1906: 382-7. Recall as a Measure of Control by the People. Thomas A. Davis. Pennsylvania Bar Association. Report. 18:218-34- '12. Special Committee on Initiative, Referendum and Recall: Mi- nority Report. Edward E. Kiernan. United States. 62d Congress, 2d Session. Senate Doc. No. 897. New Dangers to Majority Rule: Address, March 6, 1912. Judson King. Magazine Articles *Annals of the American Academy. 43:3-16. S. '12. Func- tions of the Initiative, Referendum and Recall. Jonathan Bourne, Jr. Also deals with Recall of judges. *Annals of the American Academy. 43: 17-31. S. '12. Initia- tive, Referendum and Recall. George W. Guthrie! Annals of the American Academy. 43:65-7. S. '12. Direct Legislation and the Recall. Henry J. Ford. Says the Recall principle is constitutional but it would be liable to go astray if applied to judges by popular petition. Arena. 41 : 494-5. Jl. '09. Roger Sherman Hoar on the Re- call. Same. Equity Series. 11: 79-80. Jl. '09. Atlantic Monthly. 109: 122-31. Ja. '12. Initiative, Referendum and Recall. Jonathan Bourne, Jr. Same. United States. 62d Congress, 2d Session. Senate Doc. No. 302. Case and Comment. 18: 293-8. N. 'n. Initiative, Referendum, Recall. Jonathan Bourne, Jr. Chautauquan. 41:199. My. '05. Recall in American Politics. Everybody's. 23:719-20. N. '10. Popular Government vs. Delegated Government. Robert L. Owen. Georgetown Law Journal. 1:1-12. Ja. '13. Recall of Judicial Decisions. Daniel W. Baker. Independent. 70: 1075-6. My. 18, 'n. Checks and Balances. Munsey. 46:329-34. D. '11. Initiative, Referendum and Re- call. Judson C. Welliver. *Munsey. 47: 184-6. My. '12. Plain Talk about the Recall. Frank A. Munsey. Public. 14:826-7. Ag. n, '11. American Origin of the Recall. J. W. Dutton. BIBLIOGRAPHY NEGATIVE REFERENCES Books, Pamphlets and Documents Alabama State Bar Association. Proceedings, 1912: 192-209. Pending Revolution. Alfred P. Thorn. Same. United States. 62d Congress, 2d Session. Senate Doc. No. 883. *Butler, Nicholas M. Why Should We Change Our Form of Government? Chas. Scribner's Sons, New York. 1912. Same. United States. 62d Congress, 2d Session. Senate Doc. No. 238. Eastman, Sidney C. Thoughts Suggested by Recent Attacks on Representative Government. i6p. pa. 1912. Hay, Eugene G. American Democracy: Address at Summit, N. J. May 30, 1912. Holman, Frederick V. Address before the Oregon Bar As- sociation, November 15, 1910. James, Francis B. Which Charter? 3ip. Trade and Trans- portation Bureau, Washington, D. C. 1912. National Conference for Good City Government. Proceed- ings, 1905: 31-2. Recall. G. L. Fox. O'Neal, Emmet. Representative Government and the Com- mon Law: Address before the Chamber of Commerce of the State of New York, November 16, 1911. i6p. pa. Sutherland, George. Government by Ballot; Arizona Consti- tution Initiative, Referendum and Recall: Speech in the Senate of the United States, July n, 1911. 3ip. pa. Same. Congressional Record. 47: 2793-803. Jl. 11, '11, *Tawney, James A. Proposed Reforms of the So-Called Pro- gressives: Address before the Minnesota Bankers Asso- ciation, June 21, 1911. Same. Congressional Record. 47: 4231-4. Ag. 19, '11. United States. 62d Congress, 3d Session. Senate Doc. No. 993. What is Progress in Politics: Address before Com- mercial Club, Chicago, December 14, 1912. Nicholas M. Butler. United States. 62d Congress, 3d Session. Senate Doc. No. 1108. 30p. Constitution of the United States: Its Friends and Foes. Franklin W. Collins. Also deals with the Judicial Recall. United States. 63d Congress, ist Session. Senate Doc. No. 18. Democracy of Abraham Lincoln: Address before RECALL OF JUDGES xxix Boston University School of Law, March 14, 1913. Henry C. Lodge. Young, N. C. Initiative, Referendum and Recall : Speech before the North Dakota State Bar Association, Septem- ber 3, 1912. 27p. pa. Also deals with the Recall of Judges. Young, N. C. Shall We Change Our Plan of Government? i6p. pa. Same. United States. 62d Congress, 2d Session. Senate Doc. No. 865. Magazine Articles *Ameiican City. 4:275. Je. 'n. Menace of the Recall. *Atlantic Monthly. 108:454-66. O. 'n. Representative as Against Direct Government. Samuel W. McCall. Case and Comment. 18:301-5. N. 'n. Initiative, Referendum, Recall: the Great Trinity of Modern Errors: Address in the House of Representatives. May 23, 1911. Martin W. Littleton. Same. Congressional Record. 47: 1501-5. May 23, 1911. Case and Comment. 18:319-23. N. 'n. Direct Legislation Revolutionary. Ralph R. Duniway. Central Law Journal. 75:315-6. O. 25, '12. Recall as a Dis- carded Political Contrivance. J. W. Kelley. Law Notes. 15:81-2. Ag. 'n. Constitutional Recall in Oregon. Lawyer and Banker. 5:145-51. Ap. '12.' Recall Procedure Article of the Constitution of the State of California: Challenge. John Currey. Lawyer and Banker. 4:176-7. Je. 'n. Recall. Lawyer and Banker. 5:268-71. Ag. '12. Recall and the Re- trogressives. ^Minneapolis Journal. O. 12, 'n. Recall Condemned. Arch- bishop Ireland. RECALL OF JUDGES GENERAL REFERENCES Books, Pamphlets and Documents ^American Bar Association. Report of the Committee to Oppose the Judicial Recall. 1913. 26p. pa. Rome G. Brown, Chair- man, Minneapolis, Minn. xxx BIBLIOGRAPHY American Judicial System: Symposium. Judges, Henry D. Estabrook; Lawyers, Joseph C. France; Procedure, Frederick N. Judson. Speeches before the American Bar Association, Milwaukee, August 29, 1912. 37p. pa. Andrews, Alexander B., Jr. Has Your State Sufficient Judges? Reprinted from University of Pennsylvania. Law Review, June, 1912. Arizona. Minutes of the Constitutional Convention. 1910. Recall. Propositions Nos. 18, 24, 79. Phoenix Ptg. Co., Phoenix, Arizona. Baker, Fred A. Fundamental Law and the Power of the Judiciary to Enforce it. 29p. pa. Commonwealth Club of California. Transactions. 6:153- 225. Jl. 'n. Recall Amendment: Symposium. Gary, Eugene B. Legal Ethics: Address before the South Carolina Bar Association, January 25, 1912. 22p. pa. Humphreys, Benjamin G. New Mexico and Arizona Re- call of Judges: Speech in the House of Representatives, May 19, 1911. 24?. pa. Govt. Ptg. Off. 1911. Judson, Frederick N. Judiciary and the People. Yale University Press, New Haven. 1913. A very, concise, clear and interesting statement of the consti- tutional questions involved in the Judicial Recall. Valuable for first reading. Keasbey, Edward I. Courts and the New Social Questions: Address before Maryland State Bar Association. June 29, 1911. Ransom, William L. Majority Rule and the Judiciary. Charles Scribner's Sons, New York. 1912. Introduction by Theodore Roosevelt. Reinsch, Paul S. Readings on American State Government, pp. 173-81. Delays and Defects in the Enforcement of Law. William H. Taft; pp. 191-9. Crime and Judicial Inefficiency. James W. Garner. Ginn & Co., Boston, 1911. Storey, Moorfield. Reform of Legal Procedure. Yale Uni- versity Press, New Haven. 1912. United States. 6ist Congress, 3d Session. House Doc. No. 1423, Constitution of Arizona, pp. 21-2. Govt. Ptg. Off. 1911. United States. 62d Congress, 1st Session. House Report RECALL OF JUDGES xxxi No. 33. Constitutions of New Mexico and Arizona: Report to Accompany H. J. Res. 14. See also Congressional Record. 47: 1234-5. My. 16, '11. United States. 62d Congress, 2d Session. Senate Doc. No. 440. Labor's Reasons for the Enactment of the Wilson Anti-Injunction Bill. Samuel Gompers. Magazine ^Articles Arena. 37:141-54. F. '07. Constitutional Changes Demanded to Bulwark Democratic Government. Walter Clark. Arena. 38:479-81. N. '07. Aaron's Rod; or, Government by Federal Judges. Walter Clark. ^Atlantic Monthly. 109:452-64. Ap. '11. Nullifying the Law by Judicial Interpretation. Harrison S. Smalley. Atlantic Monthly. 108:656-66. N. J n. Criticizing the Courts. George W. Alger. Central Law Journal. 74:380-1. My. 24, '12. Back to Mar- shall a Protest against a Revival of Exploded Judicial Fallacies. Chautauquan. 64: 158-9. O. '11. Statehood and the Judicial Recall. Chicago Legal News. 44:276. Ap. 6, '12. Recall of Judges and Judicial Decisions. Donald L. Morrill. Collier's. 48:11-2. D. 30, 'n. Extravagant Cost of the Law. Carl Snyder. Congressional Record. Vol. 47. See Index for Debates on H. J. Res. Nos. 14 and 156 and S. J. Res. 57, to Admit Arizona and New Mexico as States into the Union. Current Literature. 51 :24O-5. S. '11. Cry of Judicial Despotism. Everybody's. 26:146-60, 291-306, 439-53, 659-72, 827-41; 27: 116-28. F.-J1. '12. Big Business and the Bench. P. Connolly. Green Bag. 24:246-50. My. '12. Activity of the Illinois Bar Association in Procedural Reform. Harvard Law Review. 24:591-619; 25:140-68, 489-516. Je. '11; D. J n; Ap. '12. Scope and Purpose of Sociological Jurisprudence. Roscoe Pound. Printed also as a pamphlet by the Harvard Law Review As- sociation, Cambridge. 1912. Independent. 70:1135. Je. I, 'n. Recall of Judges. xxxii BIBLIOGRAPHY Independent. 74: 1014-5. My. 8, '13. First Judicial Recall. Lawyer and Banker. 4:278-9. Ag. 'n. Recall of the Judiciary. Lawyer and Banker. 4:283-5. O. 'n. Taft vs. the Consti- tution. Literary Digest. 42: 1086-7. Je. 3, 'n. Recalling the Recall: Symposium. Literary Digest. 46 : 1048. My. 10, '13. Judge Ousted by Women's Votes. *Minneapolis Tribune. F. 21, '13. Debate on Recall of the Judiciary. James Manahan and Rome G. Brown. National Corporation Reporter. 42:445. My. n, '11. Recall of Judges. National Corporation Reporter. 43:894. F. 8, '12. Recall in Oregon. Ohio Law Bulletin. 56:350-3. O. 23, 'n. Recall of Judges. George F. Pendelton. Ohio Law Bulletin. 57:200-1. My. 6, '12. Recalls: Criticis- ing Some Criticisms. Outlook. 89:832-4. Ag. 15, '08. Law's Delays. Outlook. 91 : 283-5. F. 6, '09. Criticism of the Judiciary. Outlook. 98:601. Jl. 22, 'n. Bench and Bar. Outlook. 100:390-402. F. 24, '12. Charter of Democracy. The- odore Roosevelt. See also United States. 62d Congress, 2d Session. Senate Doc. No. 348. Outlook. 102. 250-4. O. 5, '12. Judges and the Plain People. Political Science Quarterly. 26:238-70. Je. 'u. Government by Judiciary. Louis B. Boudin. Shows how the courts have gradually assumed and are freely exercising legislative powers. Public. 14:1235-6. D. 8, '11. Recall of Judges. Public. 15:553-4. Je. 14, '12. Advisory Recall for Federal Judges. Review of Reviews. 45:395-6. Ap. '12. What of the Recall? Searchlight, April, 1913. Contains several articles on the Judicial Recall. Survey. 24:773-80. S. 3, '10. Changing Attitude of the Courts towards Social Legislation. Louis M. Greeley. RECALL OF JUDGES xxxiii Survey. 27:1891-6. Mr. 9, '12. Another Bad Decision. Edward T. Devine. Yale Law Journal. 22:1^-29. N. '12. Social Justice and the Courts. Theodore Schroeder. AFFIRMATIVE REFERENCES Books, Pamphlets and Documents Bancroft, Hubert H. Retrospection: Political and Personal. PP. 503-20. The Bancroft Co., New York. 1912. ^Illinois State Bar Association. Proceedings, 1912:174-89. Recall of Judges. R. M. Wanamaker. Same. Chicago Legal News. 44: 321-4. My. 18, '12; Central Law Journal. 75: 28-33. Jl. 12, '12; Missouri Bar Association. Pro- ceedings, 1912: 147-631. Manahan, James. Recall of Judges: Address before the Minnesota State Bar Association, Duluth, July 19, 1911. 2ip. pa. Minneapolis. Same. United States. 62d Congress, 2d Session. Senate Doc. No. 941. Martin, John A. Veto and the Recall: Speech in the House of Representatives of the United States, August 19, 1911. 8p. pa. Govt. Ptg. Off. 1911. *Owen, Robert L. Election and Recall of Federal Judges. i6p. pa. 50. Supt. of doc. 1911. Same. United States. 62d Congress, 1st Session. Senate Doc. No. 99. Poindexter, Miles. New Mexico and Arizona: Speech in the Senate of the United States, August 7, 1911. Govt. Ptg. Off. 1911. Same. Congressional Record. 47: 3671-81. Ag.' 7, '11. Roe, Gilbert E. Our Judicial Oligarchy. B. Huebsch, New York. 1912. United States. 62d Congress, 2d Session. Senate Doc. No. 249. Judicial Recall. Robert L. Owen. *Walsh, T. J. Recall of Judges: Address before the Wash- ington State Bar Association, Spokane, July 28, 1911. i8p. pa. Blankenship-Lee Printing Co., Olympia. Same. Congressional Record. 47: 4137-40. Ag. 18, '11; United States. 62d Congress, 1st Session. Senate Doc. No. 100. Wilcox, Delos F. Government by All the People. Chap. XXVII. The Macmillan Co., 'New York. 1912. xxxiv BIBLIOGRAPHY Magazine Articles *Academy of Political Science (N. Y.). Proceedings. 3:141-6. Ja. '13. Recall of Judges. Gilbert E. Roe. Annals of the American Academy. 43:286-310. S. '12. Position of the Judiciary in the United States. A. Henry Snow. Case and Comment. 18:314-8. N. '11. Should Judges Be Excepted from Recall? T. J. Walsh. Case and Comment. 18: 678. Ap. '12. Recall in Arizona. George W. Harben. Central Law Journal. 73:239-41. 'n. Recall of Judges Lack of a Precedent. James M. Kerr. Central Law Journal. 75:33-5- Jl. 12, '12. Pontius Pilate Judgment and Recall. Robert L. Owen. Chicago Legal News. 44:106-8. N. n, '11. Recall of the Judges. F. B. Wilkins. Same. Law Students' Helper. 19: 329-34. N. '11. Chicago Legal News. 44: 274-6. Ap. 6, '12. Recall of Judges. Arthur Eddy. Same. Docket No. 34: 816-21. N. '12; Ohio Law Bulletin. 57: 168-73. Ap. 22, '12. Congressional Record. 47: Appendix 63-72. New Mexico and Arizona: Speech in the House of Representatives. May 22, 1911. John E. Raker. Contains text of the Recall amendment to the Constitution of California, p. 69. Congressional Record. 47:309-19. Ap. 17, '11. Constitu- tions of New Mexico and Arizona. George E. Chamber- lain. Text is given of the Recall provisions of the proposed Arizona constitution. Editorial Review. 5:983-92. N. 'n. Recall of Judges. Miles Poindexter. Same. United States. 62d Congress, 2d Session. Senate Doc. No. 472. *Forum. 47: 157-68. F. '12. Democracy and the Recall. Gwendolen Overton. National Corporation Reporter. 43:9-10. Ag. 17, J n. Re- call of Judges. National Corporation Reporter. 43:245. O. 5, 'n. Recall Again. Outlook. 91:563-5. Mr. 13, '09. Judicial Experience. RECALL OF JUDGES xxxv Outlook. 98:378-9. Je. 24, 'u. Arizona and the Recall of the Judiciary. Theodore Roosevelt. Outlook. 99:95. S. 9, 'n. Judicial Recall. Outlook. 100:40-8. Ja. 6, '12. Judges and Progress. Theo- dore Roosevelt. Public. 14: 146-7, 482-3, 629-30, 817-8, 867. F. 17; My. 26; Jl. 7; Ag. ii ; Ag. 25, '11. Recall of Judges. Public. 14: 1069-70. O. 20, 'n. Reasons for the Recall. R. W. Barkley. Public. 15:125-6. F. 9, '12. Recall of Judges. Herbert S. Swan. Twentieth Century. 4:250-4. Je. 'IT. Recall of the Judici- ary. Ralph W. Crosman. Twentieth Century Magazine. 4:551-2. S. 'n. President Taft and the Arizona Statehood Veto. Yale Law Journal. 21:655-8 Je '12. Recall of Judges. Robert L. Owen. NEGATIVE REFERENCES Books, Pamphlets and Documents Alabama State Bar Association. Proceedings, 1912: 192-209. Pending Revolution. Alfred P. Thorn. *American Bar Association. Report of the Committee to Oppose the Recall of Judges: Frank B. Kellogg, Chair- man. August, 1912. i6p. Same. American Bar Association. Report, 1912: 574-89. Baker, Fred A. Initiative and Referendum and Recall of Judges Criticized and Condemned. 2op. pa. F. A. Baker, Detroit, Mich. 1913. S'ent free on request. Borah, William E. Admission of New Mexico and Arizona Recall of Judges: Speech in the Senate of the United States, August 7, 1911. 32p. pa. Govt. Ptg. Off. 1911. Same. Congressional Record. 47: 3681-8. Ag. 7, '11. Brown, Frederick V. Recall of Judges: Address before the Washington State Bar Association. July 3o-August I, 1912. Effenbee Pub. Co., Olympia, Wash. Brown, Hugh H. Current Politics and Civic Duty: Com- mencement Address at University of Nevada, May 15, 1912. i2p. pa. xxxvi BIBLIOGRAPHY Brown, Rome G. Judiciary as the Servant of the People : Ad- dress before Tennessee State Bar Assn., Memphis, June 26, 1913. 29p. pa. Rome G. Brown, Minneapolis, Minn. *Brown, Rome G. Recall of Judges: Arguments in Opposi- tion: Presented before the Minnesota Bar Association, Duluth, Minn. July 19, 1911. Same. United States. 62d Congress, 2d Session. Senate Doc. No. 649; Minnesota State Bar Association. Proceedings. 1911: 86- 112. California Bar Association. Proceedings, 1910:38-49. Inde- pendent Judiciary: Address before the California Bar Association, Los Angeles, December 6, 1910. Oscar A. Trippet. Farrar, Edgar H. Address before the American Bar Asso- ciation, August 30, 1911. pp. 3-4. Gardner, Augustus P. Recall of Judges and Judicial Deci- sions: Speech in the House of Representatives, April 4, 1912. Same. Congressional Record. 48: 4530-7. (current.) April 4, 1912. Illinois State Bar Association. Proceedings, 1912: 190-203. Recall of Judges. James H. Wilkerson. Same. Chicago Legal News. 44: 324, 326-8. My. 18, '12. Iowa State Bar Association. Proceedings, 1912:68-96. Judi- cial Recall. C. G. Saunders. Kentucky State Bar Association. Proceedings, 1912: 104- 33. New Nationalism and New Statehood. John M. Harlan. Nevada Bar Association. Proceedings, 1912: 147-56. Judi- cial Reforms, Other Remedies than the Recall. A. E. Cheny. New York State Bar Association. Proceedings. 35:544-8. 1912. Address. William H. Taft. Ohio State Bar Association. Proceedings, 1912:65-89. Judi- cial Recall. Frank B. Kellogg. Same. Ohio Law Reporter. 10: 225-45. Jl. 22, '12; Ohio Law Bulletin. 57: 320-30. Jl. 29, '12. New York State Bar Association. Report of the Committee of Fifteen. Recall of Judges and Judicial Decisions, up. O'Neal, Emmet. Strengthening the Power of the Execu- tive: Address at the Governors' Conference, N. J., Sep- tember 12, 1911. Brown Printing Co., Montgomery, Ala. 1911. RECALL OF JUDGES xxxvii Pennsylvania State Bar Association. Proceedings, 1912: 331-64. Constitutional Morality. William D. Guthrie. Same. North American Review. 196: 154-73. Ag\ '12. South Carolina Bar Association. Transactions, 1912:95-113. President's Annual Address. Alton B. Parker. Shepard, Charles E. Recall of Judges and Judicial Deci- sions: Address before the Seattle Bar Association. June 26, 1912. pp. i-n. Sutherland, George. Courts and the Constitution: Presented at the Meeting of the American Bar Association, August, 1912. 22p. pa. Same. United States. 62d Congress, 3d Session. Senate Doc. No. 970. Taft, William H. and Root, Elihu. Addresses Delivered at the Annual Meeting of the New York State Bar Asso- ciation, January 19 and 20, 1912. Reprinted from the Thirty-fifth Annual Report of the Pro- ceedings of the New York State Bar Association, pp. 17-35. Ju- dicial Decisions and Public Feeling. Elihu Root. United States. 62d Congress, ist Session. House Doc. No. 106. Special Message of President Taft on Admission of New Mexico and Arizona, Returning without Ap- proval House Joint Resolution 14. August 15, '11. Same. Congressional Record. 47: 3964-6. Ag-. 15, '11. United States. 62d Congress, 2d Session. Senate Doc. No. 344. New Despotism: Address before the New York County Lawyers' Association. February 17, 1912. Wen- dell P. Stafford. United States. 62d Congress, 2d Session. Senate Doc. No. 406. Compulsory Initiative, Referendum and Recall of Judges. Henry C. Lodge. United States. 62d Congress, 2d Session. Senate Doc. No. 408. Judiciary and Progress: Address at Toledo, March 8, 1912. William H. Taft. United States. 62d Congress, 2d Session. Senate Doc. No. 445. Speech before Ohio Constitutional Convention, March 14, 1912. J. B. Foraker. United States. 62d Congress, 2d Session. Senate Doc. No. 452. Address at the Banquet of the Swedish-American Republican League, Chicago, March 9, 1912. William H. Taft. pp. 13-4. Independence of the Judiciary. xxxviii BIBLIOGRAPHY United States. 62d Congress, 2d Session. Senate Doc. No. 723. Recall of Judges. John H. Hazelton. United States. 62d Congress, 3d Session. Senate Doc. No. 983. Is Our Representative Government Imperiled? Francis T. A. Junkin. United States. 62d Congress, 3d Session. Senate Doc. No. 1095. Constitution, the Court and the People. Ralph W. Breckenridge. Reprinted from the Yale Law Journal, January, 1913. Magazine Articles. *Academy of Political Science (N. Y.). Proceedings. 3: 147-56. Ja. '13. Substitutes for the Recall of Judges. J. Hampden Dougherty. *Academy of Political Science (N. Y.). Proceedings. 3: 157-64. Ja. '13. Discussion of the Selection and Re- moval of Judges. *Annals of the American Academy. 43:239-77. S. '12. Ju- dicial Recall A Fallacy Repugnant f to Constitutional Government. Rome G. Brown. Same, with bibliography. 62d Congress, 2d Session. Senate Doc. No. 892. Also issued in pamphlet form with bibliography as Publication No. 689. American Academy of Political and Social Science, Philadelphia. *Annals of American Academy. 43:278-85. S. '12. Dangers that Lurk in the Recall of the Judiciary. James A. Metcalf. Bench and Bar. 25: 1-4. Ap. 'n. Recall of Judges. Bench and Bar. 26: 43-6. Ag. *n. Judicial Despotism and the Recall. Same. Chicago Legal News. 44:87-8. O. 21, '11. Canada Law Times. 31:711-3. S. 'n. Recall of Judges. Case and Comment. 18:308-13. N. '11. Perils of the Ju- dicial Recall. Elihu Root. Same. Ohio Law Bulletin. 56: 366-9. N. 6, '11. Case and Comment. 18: 749-50. My. '12. Recall by One Recalled. Shearon Bonner. Central Law Journal. 72:393-5. Je. 2, 'H. Principle of Recall 'Applied to Judicial Offices. Central Law Journal. 73:221. S. 29, 'H. Judge Farrar on the Recall of the Judiciary. Excerpts from address before the American Bar Association, August 30, 1911. RECALL OF -JUDGES xxxix Central Law Journal. 73:315-7. N. 3, 'n. Recall of Judges As It May Effect the Integrity of Constitutions. Central Law Journal. 74:318-20. My. 3, '12. "Tenement House" Decision by the New York Court of Appeals Arouses Another "Appeal to the People" Protest. A. H. Robbins. *Central Law Journal. 75:44-5. Jl. 12, '12. Recall of Judges: A Warning. Wendell P. Stafford. Century. 82:624-5. Ag. 'n. Recall of Judges a Rash Experiment. Century. 84: 15-21. My. '12. Judicial Recall. Bruce B. McCay. Chicago Legal News. 44:108, 111-2. N. n, 'u. Recall of Judges, J. G. W. Lewis. Same. Law Student's Helper. 19: 324-9. N. '11. Chicago Legal News. 44:277-8. Ap. 6, '12. Judicial Recall. John F. Geeting. Chicago Legal News. 45 : 192. Ja. 18, '13. New Despotism : Address before the New York County Lawyers' Asso- ciation, February 17, 1912. Wendell P. Stafford. Reprinted from Washington Law Reporter. Same. United States. 62d Congress, 2d Session. Senate Doc. No. 344. Commercial and Financial Chronicle. 93:434-5. Ag. 19, '11. President Taft on the Recall. Current Literature. 52:255-8. Mr. '12. Still Bombarding the Judiciary. Forum. 48: 294-308. S. '12. Recall of the Judges. Edwin Maxey. Green Bag. 23:214. Ap. 'n. Recall of Judges. Green Bag. 24: 156-7. Mr. '12. Recall of Judges. Independent. 61:884-5. O. n, '06. Degrading the Judiciary. Independent. 71:384-5. Ag. 17, 'n. Recall of Judges. Independent. 72:704-7. Ap. 4, '12. Importance of an In- dependent Judiciary. Elihu Root. Independent. 72: 1126-7. My. 23, '12. Referendum: Not Recall. Law Student's Helper. 19:334-9. N. 'n. Recall of Judges. William H. Taft. Same. Canada Law Times. 31: 929-38. D. '11. Lawyer and Banker. 4:65-6. Ap. 'u. Dangers of the Recall. xl BIBLIOGRAPHY Lawyer and Banker. 4: 189-91. Je. '11. Recall of the Judiciary a "Nostrum." William H. Taft. Same. National Corporation Reporter, 43: 147. S. 14, '11. Lawyer and Banker. 5: 115-8. Ap. '12. One Way of Re- calling. Literary Digest. 42:989. My. 20, 'H. Woodrow Wilson on the Recall. Michigan Law Review. 11:278-95. F. '13. Recall of Judges and of Judicial Decisions. Howard Wiest. Nation. 85:296-7. O. 3, '07. New Attack on Judges. Nation. 94:227. Mr. 7, '12. Improving the Judiciary. Nation. 97 : 72-3. Jl. 24, '13. Judicial Fitness and the Recall. National Corporation Reporter. 44:447. My. 9, '12. Legal Aspect of the Recall of Judges and Judicial Decisions. John Gibbons. Same. Chicago Legal News. 44: 359. Je. 15, '12. National Corporation Reporter. 44: 477-8. My. 9, '12. Re- call of Judges. Edmund H. Smalley. North American. 193:9-25. Ja. 'n. Government of Law or of Men. Horace H. Lurton. *North American. 193:672-90. My. 'n. Recall of Judges. Albert Fink. North American. 196: 20-51. Jl. '12. Constitution and Its Makers. Henry C. Lodge. See also United States. 62d Congress, 2d Session. Senate Doc. No. 122. Ohio Law Bulletin. 56:410-1. D. 4, 'n. Recall of the Judiciary. Edgar H. Farrar. Ohio Law Bulletin. 57^49-50. F. 5, '12. Judicial Recall not a Remedy for the Law's Delay. Ohio Law Bulletin. 57 :457-8. N. 18, '12. Few words on Court Criticism and Incidentally the Recall. William L. Dickson. Outlook. 81 : 453-4. O. 28, '05. Independent Judiciary. Outlook. 97:383-5, 488-92, 532-6, 574-7. F. 25-Mr. 18, '11. Na- tionalism and the Judiciary. Outlook. 98:852-3. Ag. 19. 'ii. Folly of the Recall. Outlook. 98: 912-4. Ag. 26, 'n. Statehood Veto. Outlook. 100: 522-5. Mr. 9, '12. Recall of Judges. Outlook. 100 : 604. Mr. 23, '12. President Taft on the Recall of Judges. RECALL OF JUDICIAL DECISIONS xli Washington Law Reporter. 40:385-6. Je. 21, '12. District of Columbia Bar Association: Report on the Judicial Recall. Yale Law Journal. 21:372-82. Mr. '12. Recall from the Standpoint of Kentucky Legal History. C. B. Seymour. Yale Law Journal. 21:659-63. Je. '12. Judicial Recall. Frederick N. Judson. *Yale Law Journal. 22: 1-18. N. '12. Independence of the Judiciary the Safeguard of Free Institutions: Address to the Graduating Class of the Yale Law School, June 17, 1912. William B. Hornblower. Same. United States. 62d Congress, 3d Session. Senate Doc. No. 1052. RECALL OF JUDICIAL DECISIONS Only those articles relating specifically to the- Recall of De- cisions are included in the following list. For additional refer- ences of a more general nature, the preceding lists may be con- sulted. GENERAL REFERENCES Books, Pamphlets and Documents McCarthy, Charles. Wisconsin Idea. pp. 122, 255, 269. The Macmillan Co., New York. 1912. Mabie, Edward C., and White, Leonard D., ed. Courts and Social Reform; Constructive and Rebuttal Speeches and Briefs in the New England Triangular League Debates, March 6, 1913. The H. W. Wilson Co., Minneapolis. 1913. Magazine Articles Atlantic Monthly. 110:46-52. Jl. '12. Significance of the Recall of Judicial Decisions. Karl T. Frederick. Case and Comment. 19:255-32. S. '12. Labor Legislation and the Recall of the Judicial Veto. Henry W. Bal- lantine. Chautauqua. 66:291-2. My. '12. Recall of Decisions. Current Literature. 52: 372-4. Ap. '12. Recall of Judicial Deci- sions. Docket No. 30:724-6. My. '12. Recall of Judicial Decisions. Nation. 94:335- Ap. 4, '12. Appeal and the Referendum. Walter J. Shepard. xlii BIBLIOGRAPHY Nation. 94:409-10. Ap. 25, '12. To Amend the Federal Judicial Code. W. F. Dodd. National Corporation Reporter 44: 365. Ap. 18, '12. Recall Again. Outlook. 101:58-9. My. 'n. '12. Review of Decisions: a Historical Illustration. Westminster Review. 177:508-22. My. '12. Luther of Neo-Protestantism. AFFIRMATIVE REFERENCES Books, Pamphlets and Documents Gaynor, William J. Do Our Courts Stand in the Way of Social and Economic Progress? Speech at Yale Univer- sity, May 7, 1912. Same. Congressional Record. 47: Appendix 213-5. Illinois State Bar Association. Proceedings, 1912: 203-18. Address on the Recall of Judicial Decisions. Albert M. Kales. Same. Chicago Legal News. 44: 305-8. My. 4, '12; Ohio Law Bulletin. 57: 205-11. My. 13, '12. Ransom, William L. Majority Rule and the Judiciary. Charles Scribner's Sons, New York. 1912. Magazine Articles Academy of Political Science. (N. Y.). Proceedings. 3: 85-95. ja. '13. Recall of Judicial Decisions. William D. Lewis. *Annals of the American Academy. 43:278-85. S. '12. Dangers That Lurk in the Recall of the Judiciary. James A. Metcalf. Annals of the American Academy. 43:286-310. S. '12. Posi- tion of the Judiciary in the United States. A. Henry Snow. *Annals of the American Academy. 43:311-25. S. '12. New Method of Constitutional Amendment by Popular Vote. William D. Lewis. Collier's. 50:8-9. F. i, '13. Sarah Knisley's Arm. Theo- dore Roosevelt. Georgetown Law Journal, i: 1-12. Ja. '13. Recall of Judic- cial Decisions. Daniel W. Baker. RECALL OF JUDICIAL DECISIONS xliii Notes. 16: 4-6. Ap. '12. Recall of Decisions. Berke- ley Davids. *Outlook. 100:390-402. _F. 24, '12. Charter of Democracy: Address before the Ohio Constitutional Convention. Theo- dore Roosevelt. Outlook. 101 : 855-7. Ag. 17, '12. People and the Courts. The- odore Roosevelt. *Outlook. 100:618-26. Mr. 23, '12. Right of the People to Rule: Address at Carnegie Hall, March 20, 1912. The- odore Roosevelt. Same. United States. 62d Congress, 2d Session. Senate Doc. No. 473. Outlook. 101:1003-7. Ag. 31, '12. Judges, Lawyers and the People. Theodore Roosevelt. Review of Reviews. 45:567-9. My. '12. Mr. Roosevelt's Recall of Judicial Decisions: A Lawyer's Comments. Harold Remington. Saturday Evening Post. 185:3-4. Ag. 31, '12. Recall of Judicial Decisions. Melville D. Post. NEGATIVE REFERENCES Books, Pamphlets and Documents Burch, Rousseau A. Constitutions and Courts: Address, March 30, 1912. lop. pa. Brown, Rome G. Judiciary as the Servant of the People: Ad- dress before Tennessee State Bar Assn., Memphis, June 26, 1913. 29p. pa. Rome G. Brown. Minneapolis, Minn. Ewing, Caruthers. Spirit of the Times: Address before the Georgia Bar Association. May 3O-June I, 1912. 3ip. pa. Illinois State Bar Association. Proceedings, 1912:218-34. Argument against the Recall of Judicial Decisions. Chafles H. Hamill. Same. Chicago Legal News. 44: 308, 310-3. My. 4, '12; Ohio Law Bulletin. 57: 211-8. My. 13, '12. Missouri Bar Association. Proceedings, 1912:92-109. Un- rest as to the Administration of Law. Albert W. Biggs. Same. Also printed in the Proceedings of the Texas State Bar Association for 1912, and as a separate pamphlet. *New York State Bar Association. Proceedings. 35: 148-67. '12. Judicial Decisions and Public Feeling. Elihu Root. Same. Ohio Law Bulletin. 57: 87-94. Mr. 4, '12; Chicago Legal News. 44: 244, 246-7. Mr. 8, '12; Case and Comment. 1.8: 666-71. xliv BIBLIOGRAPHY Ap. '12; Law Notes. 16: 6-11. Ap. '12; United States. 62d Congress, 2d Session. Senate Doc. No. 271. Pennsylvania State Bar Association. Proceedings, 1912: 331-64. Constitutional Morality. William D. Guthrie. Roe, Gilbert E. Our Judicial Oligarchy. B. W. Huebsch, New York. 1912. Severance, Cordenio A. President's Annual Address before the Minnesota State Bar Association, August 19, 1912. 28p. Shepard, Charles E. Recall of Judges and Judicial Deci- cions: Address before the Seattle Bar Association, June 26, 1912. pp. 11-5. Taft, Henry W. Recall of Decisions: Read at the Annual Meeting of the New York State Bar Association, Janu- ary 24, 1913. 34?. pa. *Thayer, Ezra Ripley. Recall of Judicial Decisions, up. pa. Reprinted from Legal Bibliography, 4: 3-7. March, 1913, in same pamphlet with Chipman, F. E. Veto Power of Judges. Le- gal Bibliography. October, 1912. Also printed as United States. 63d Congress, 1st Session. Senate Doc. No. 28. United States. 62d Congress, 2d Session. Senate Doc. No. 408. Judiciary and Progress: Address at Toledo, March 8, 1912. William H. Taft. Magazine Articles *Academy of Political Science (N. Y.). Proceedings. 3: 96-9. Ja. '13. Recall of Judicial Decisions. Clarence D. Ashley. *Academy of Political Science (N. Y.). Proceedings. 3: 100-17. Ja. '13. Development of American Constitu- tional Law. Munroe Smith. American Law Review. 47:90-110. Ja. '13. Judicial Cen- sorship of Legislation. Frederick Green. American Political Science Review. 7: sup. 149-61. F. '13. Certain Retrogressive Policies of the Progressive Party. Frederick J. Stimson. *Annals of the American Academy. 43:239-77. S. '12. Judicial Recall A Fallacy Repugnant to Constitutional Govern- ment. Rome G. Brown. Central Law Journal. 74:318-20. My. 3, '12. "Tenement House" Decision by the New York Court of Appeals RECALL OF JUDICIAL DECISIONS xlv /\rouses Another "Appeal to dfe People" Protest. A. H. Robbins. Central Law Journal. 75 : 25-7. Jl. 12, '12. Recall of Judicial Decisions as a Remedy. ^Central Law Journal. 75:35-40. Jl. 12, '12. Recall of De- cisions A Fallacy. James B. McDonough. Chicago Legal News. 44:261-2. Mr. 23, '12. Recall of Decisions. George A. Talley. Chicago Legal News. 44:276. Ap. 6, '12. Recall of Judges and Judicial Decisions. Donald L. Morrill. Congressional Record. 48: 2632-4. (current.) F. 27, '12. Charter of Democracy as Advocated by Ex-President Roosevelt at the Ohio Constitutional Convention. Ray- ner. *Forum. 48:45-60. Jl. '12. Constitutional Chaos. Charles H. Hamill. Harvard Law Review. 26:507-30. Ap. '13. Constitution and the Courts. John G. Palfrey. Independent. 72: 1126-7. My. 23, '12. Referendum: Not Recall. Michigan Law Review. 11:278-95. F. '13. Recall of Judges and of Judicial Decisions. Howard Wiest. Nation. 94:278. Mr. 21, '12. Question of Fundamentals. Nation. 94: 312-3. Mr. 28, '12. Roosevelt and the Recall James H. Wolfe. Nation Corporation Reporter. 44:89. F. 29, '12. Recall of Judicial Decisions. National Corporation Reporter. 44:477. My. 9, '12. Legal Aspect of the Recall of Judges and Judicial Decisions. John Gibbons. Same. Chicago Legal News. 44: 359. Je. 15, '12. Ohio Law Bulletin. 57:82-3. Mr. 4, '12. Recall Proposed by Roosevelt. Outlook. 100:604-5. Mr. 23, '12. President Taft on the Recall of Decisions. Political Science Quarterly. 28:1-17. Mr. '13. Social Legis- lation and the Courts. W. F. Dodd. Yale Law Journal. 21 : 659-63. Je. '12. Judicial Recall Frederick N. Judson.