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The Green Bag
tonal staff, had progressed so far toward publication that complete proofs had been received, one of which had been forwarded to Professor Huber, the drafts man of the code, at Geneva, who had promised to prepare the introduction of the American edition. JUDICIAL RECALL REPUDIATED
The members of the American Bar Association, placing their organization on record in opposition to the judicial recall, approved the extended report of a committee headed by Frank B. Kellogg on this subject. This passage is selected as worthy of especial atten tion: — For more than three hundred years the great est bulwark for the protection of the mass of the people has been the courts. There never was a time in our country when any man, how ever poor or humble, could not apply to the court and be assured of protection. Is it any re proach upon the courts that they have extended the same protection to the rich and powerful, when assailed by popular prejudice? The same law which would deny protection to the rich or confiscate the property of corpor ations, might take the cottage or the liberty of the humblest citizen. You can not attack the courts, and take from them the independ ence of judges, without endangering the founda tions of personal security. We have enjoyed for so many years the protection of wise and liberal constitutional government that we can not realize there is any danger of ever losing it, but history should admonish us that the moments of self-satisfaction and confident feeling of perfect security are the times of greatest danger. The breaking down of constitutional safeguards does not come by open attack upon free institutions, but under the guise of the popular will. Such encroachments of power in the assumed interests of popular reform are the most subtle and dangerous of all. Do not let the courts become the subject of attack by every disappointed litigant, envious lawyer or domineering political boss. We call upon the lawyers of this country to use their influence to counteract a movement which we believe to be dangerous to the permanency of the gov ernment and to the liberty of the citizen.
Seneca M. Taylor of St. Louis brought from the Commissioners on Uniform State Laws a proposed uniform act which will prohibit the marriage in other states of divorced persons who have been prohibited from marrying in any one state. (See p. 474 infra.) Col. J. Ham Lewis of Chicago pre sented a resolution providing for popu lar election of all United States District Judges, appointment of judges of the federal Circuit Court of Appeals for terms of seven years, and the right of impeachment of all federal judges by majority report of the House of Repre sentatives. This resolution is to be acted upon by the committee on law reform before the national association reports to Congress. EXCLUSION OF COLORED MEMBERS
The dispute with regard to the ex clusion of colored members was settled in a manner savoring of compromise, a resolution introduced by Hon. Jacob M. Dickinson of Tennessee being adopted. This resolution in effect re tained as members the three negroes who had been admitted, but directed local councils in future to certify the race and color of applicants. This means that in future the organization will either be opposed to negroes, or if their names come up members will know the color of the man they are voting for. The resolution was as follows: — Resolved, That as it has never been contem plated that members of the colored race should become members of this association, the several local councils are instructed, if at any time any of them shall recommend a person of the colored race for membership, to accompany the recommendation with the statement that he is of the colored race.
There was a heated debate on the adoption of this resolution, which was
