Maine Law Review Volume 5

Maine Law Review Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...of trail6 r and exchange carried on formally under the statute, but in flit through the impudent exertion of power upon the part oi t e interested department. If the time ever comes in this country when the people of the country understand that there is any string attached to a Federal judge which they do not through established laws hold' they will not only elect, but they will recall their Federal judgesThose who are preaching against the recall of judges throughout this country must be careful that they do not adopt a system which will far outweigh the strength of their words and overcome their arguments. When the system goes so far that an assistant United States attorney privately approaches a Federal judge to suggest that he disqualify himself to sit in a particular case or formally consent to be transferred because some one else is wanted to try the case, it is time that the system should be exposed. The statutes provide for changes when necessary because of disqualification or an extra amount of business, but it contemplates that it be done in the open, and if a judge is actually disqualified let the disqualification be shown in the presence of the contending parties. Another practice has been growing up year by year for the last few years, until, in my opinion, much of the strength of the recall to-day arises out of the belief that those who may effect the promotion of judges exert through the different departments an influence that ought not to be submitted to under any circumstances. Those who want to prevent a recall in this country must not play politics with the Federal judiciary, nor seek to select judges for particular cases other than in the way prescribed by statute. They will not be able to withstand the demand to...
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Product details

  • Paperback | 114 pages
  • 189 x 246 x 6mm | 218g
  • United States
  • English
  • black & white illustrations
  • 1236777883
  • 9781236777881