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REPORT OF THE NEW YORK STATE BAR ASSOCIATION TO THE AMERICAN BAR ASSOCIATION UPON THE EFFORT IN NEW YORK STATE TO PUBLISH IN EACH COUNTY THE ATTITUDE OF THE LOCAL BAR UPON THE QUESTION OF JUDICIAL RECALL.

The New York State Bar Association reports that, pursuant to a request of the American Bar Association and immediately upon its receipt, a special meeting of the State Bar Association was called for April 13, 1912, at Albany, at which resolutions were unanimously adopted condemning the doctrine of judicial recall. To secure action by the Bar of each county in the manner contemplated the following committee was appointed:

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The committee thus appointed began its work at once by sending to Presidents of County Bar Associations, to county judges and to other prominent lawyers, a letter, of which a copy is annexed to this report, reciting the action taken by the American Bar Association and the New York State Bar Association, and urging that the work be taken up in each county.

This letter was followed by others, more special in character, and all seeking to encourage the Bar in each county of the state to carry out the campaign inaugurated by the American Bar Association.

Though the call came to the State Bar Association so late that our work had to be done in the midst of a political campaign which excited partisan opposition to our cause the State Association and its committee feel that an incalculable amount of good

was accomplished in the direction desired, and that the result of the work done in New York justified the hope of the American Bar Association.

The committee of fifteen made full report at the last meeting of the State Bar Association, attaching to the report copies of the resolutions passed in each county and copies of the local papers of each county containing full report of the meeting, and the action taken. Special care had been taken to impress the necessity for thorough publication to the people. How well this necessity was appreciated and met was evidenced by the mass of newspaper clippings attached to the committee's report. These clippings would alone have made a large volume.

The interest with which the work was taken up in the various counties was well indicated by the fact that in almost every case the resolutions were an original draft. And these resolutions were especially well done. Greene County was among those counties which did this work in a masterly fashion, and this single set of resolutions I have attached to this report, by way of evidence of the effectiveness of the local Bar Association as a guide post to public opinion. The reading of those Greene County resolutions must inevitably leave a deep impression.

The Bar in thirty-two counties of the state were pursuaded to take up the work effectively, with the result that having recorded in appropriate resolutions their judgment on the questions at issue, the publication was procured in all the local papers of the resolutions so adopted, of a list of the lawyers present at the meeting and of the text of the speeches made in support of the principles expressed in the resolutions.

Therefore, in each of those thirty-two counties in New York State the testimony has been given to every voter and thinker that the lawyers of his own county, most of whom he knows by reputation, some of whom he knows personally and not a few of whom he has full confidence in, are, regardless of party, unalterably opposed to this attempt to cripple our judicial system.

As we understand it, that is the result desired, and we are not a little proud that we can report so much accomplished.

Our pride does not, however, result in any abatement of effort.

The work is still being carried on and will not stop until in every remaining county of the state this plan of special education has been carried out.

Respectfully submitted,

ALTON B. PARKER, President.

FREDERICK E. WADHAMS, Secretary.

Dear Sir:

The American Bar Association is engaged in a movement nation wide having for its purpose the conduct of a campaign of education to be carried on by the Bar of each and every county of the several states, the belief entertained being that the expression of the judgment of the local Bar, without regard to partisan affiliations, upon the subject of judicial recall, with the reasons upon which said judgment is founded, followed by the publication of a report of their action in all the local papers, would be more effective than any other campaign of education that can be devised. The reasons for this view need not be stated, for they are obvious.

In pursuance of that plan, and the request of the American Bar Association addressed to the State Bar Association of this state, a special meeting of the State Bar Association was held at Albany on the 13th of April, the outcome of which was the adoption, by a rising vote, and without dissent, of the following resolutions:

Resolved, That it is essential to the welfare of the community, the perpetuation of our free institutions and the protection of the personal liberty and property rights of the individual, that the independence of the judiciary should be preserved as established by the wisdom of the founders of our institutions, state and national.

Resolved, That the recall of judges or the reversal of judicial decisions by popular vote would destroy the independence of the judiciary and the impartial administration of justice and deprive all classes of the community of the protection now afforded to individual rights by substituting for the training, intelligence and conscience of the judiciary, and settled rules of law, public clamor, agitation and the constantly varying opinions of voters overruling the judgments of the courts and punishing judges for unpopular decisions.

Resolved, That the New York State Bar Association declare its profound conviction that any such revolutionary proposals would be fraught with immeasurable danger to our constitutional institutions and to the fundamental rights of the individual, rich or poor, and it urges the Bar of the state and of the nation to unite, irrespective of party, in opposition to such proposals and in defense of an independent judiciary.

Resolved, further, That a committee of fifteen be appointed by the President of the Association to cooperate with the American Bar Association and the Bar of each of the several counties of this state in order that the principles involved in the movement for the recall of judges and judicial decisions may be thoroughly explained to the people.

On motion of Judge Herrick:

WHEREAS, There exists a widespread feeling of discontent with our judicial system and the manner in which justice is administered which has resulted in undue criticism of the judiciary and of the Bar and in the proposal of unwise measures to remedy the evils which are believed to exist;

Resolved, That it is desirable to investigate the causes which have produced this public sentiment and what measures can be adopted to remedy any evils that are found to exist and allay the discontent of the people, and for that purpose that the committee of fifteen, provided for in the resolutions offered by Mr. Hornblower, and now adopted, be requested to investigate the causes leading to the present feeling of discontent with our judicial system and with the manner in which justice is administered, and if any evils be found to exist, that recommendations be made for their abatement and for the correction of any weaknesses found to exist in our judicial system, in lieu of the recall of judges and of their decisions, and that such committee report thereon to the Association.

The committee, who are attempting to carry out the instructions of the State Bar Association, are especially desirous that meetings be held in the several counties as promptly as due notice to the various members of the Bar in each county will permit. May we ask you to take the matter up with your brethren as speedily as possible; and after your meeting has been held, send to us your report and four or five copies of a local paper containing an ac

count of your proceedings, to the end that we may embody them in a report which the State Bar Association is to make to the American Bar Association.

Very sincerely yours,

ALTON B. PARKER,

Chairman, Committee of Fifteen.

At a special meeting of the Greene County Bar Association held May 18, 1912, the following resolution was passed unanimously:

WHEREAS, The federal and state constitutions were adopted by the people, and each can be changed by the people in the way therein severally prescribed whenever upon deliberate judgment a change is deemed desirable by reason of new conditions or for other reasons;

Therefore be it resolved, By the Greene County Bar Association, duly assembled, that we are unalterably opposed to a construction of such constitutions by the courts to meet a popular or spasmodic demand, or to fit them to alleged modern situations and to any construction of our constitutions except in accordance with their terms and the intention of the people when the same were severally enacted.

And be it further resolved, That we are also unalterably opposed not only to the recall of judges by popular vote, but to subjecting their decisions to a vote of the people for the purpose of determining thereby whether the construction of the constitutions made by the courts in such decisions be upheld.

And be it further resolved, That in the opinion of our members the continued independence of our federal and state judiciary is essential to the maintenance of our form of government.

A SELECTED BIBLIOGRAPHY ON THE JUDICIAL RECALL.

By ROME G. BROWN, Minneapolis, Minn.

ALGER, GEORGE W.: Criticising the Courts. Atlantic Monthly, Nov., 1911.

ANDREWS, ALEXANDER B., JR.: Has your State Sufficient Judges? Univ. of Penna., Law Review, Vol. 60, June, 1912. ASHLEY, CLARENCE D.: Recall of Judicial Decisions. Academy of Political Science (N. Y.) Proceedings, Vol. 3, 96-9. BURCH, ROSSEAU A., Justice Kansas Sup. Ct.: Constitution and Courts. March 30, 1912.

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