AMERICAN PROBLEMS by WILLIAM E.BORAH 1924

RECALL OF JUDGES 175
our institutions and the continued happiness
and prosperity of the common people.
Sir, it seems to me that the experience of the
past has closed the discussion as to the necessity
of an independent judiciary. A feeble, a
timid, an obedient judiciary, whether to popular
demand or king, has always in the end proven
to be an incompetent, a cruel, or a corrupt
judiciary. Such a judiciary leaves human
rights uncertain and worthless, unsettles titles,
destroys values, leaves the workman and the
employer alike without protection or guidance,
and has more than once demoralized or destroyed
governments. Trade, commerce, or
labor have never, and will never, flourish or
prosper under an unstable and unreliable system
of courts. .Whether you look upon the
wreck of ancient republics and democracies
where the courts yielded their decisions to the
triumphant faction or party or to modern monarchies
where the miserable instruments of
kingly power served well their master, whenever
and wherever in all history you find a dependent
judiciary you find that it is the man of
limited means, the poor man, who suffers first
and suffers most—the man who has not the
wealth to purchase immunity or the prestige to
command decrees.