The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-08-31
POLITICAL GOSSIP
VIM. Allen White Replies to
Bale Waggener.
Surprised He Should Write an
Open Letter.
BEGS PUBLIC'S PARDON
Then He Gives Out His Own
Communication.
Defends What He Said About
the Constitution.

William Allen White expresses great
astonishment that Bale Waggener
should write him an open letter When
asked to furnish the press a copy OF his
reply to Mr.. Waggener's letter. Mr.
White says:
II had supposed until that minute"
said Mr.. White, that Bale Waggener
at least was above the social grade Of
jays that write open letters. I got his
letter. and coming from SO prominent
and learned man, gave it serious at
tention. supposing it was a friendly
communication. But ones idols ara al
ways turning to clay, and If Mr.. Wag
gener has to give way to the open let
ter habit, one shouldn't be too hard on
him. The weather has been Tniserably
hot. It seems like a jay trick to go to
my letter copy book and formally pull
out of 1t the letter written to him In
serious reply to his. But I suppose It
is the only thing a fellow can do IN
self-defense. But I humbly ask the
pardon of all persons of good taste for
this wretcted violation of the amenities
expected of gentlemen. But here is what
I replied to Mr.. Waggener:
Letter to Waggener.
g No one can outdo me in admiration
for you. But as the man said to the
gentleman who was about to hang him,
your business is more or less distaste-
full to me-" You lawyers have come 70
regard the law as the end rather than
as a means of righteousness. It is
quite possible for a. thing to be entirely
legal and highly immoral; for q thing to
be unconstitutional to an alarming de-
gree, and yet be dead right And II II
is right 1t viii win. constitutional or not.
After a proposition has been declared
unconstitutional, as in the case of Dred
Scott, there is still the higher court
i. ~ate
ments to which we may appeal. And I
for one believe that this partisanship
of men in civilized society may not be
restrained, enjoined or mandamused
permanently in working out it's destiny
by any court resting its authority on
any constitution, however sacred may
be the memories and traditions that
gather around the events in which that
constitution was established The old
order changeth. giving place 70 the new
lest one good custom should corrupt the
world.
"I know that you believe these
things, just as sincerely as I believe
them, only you sometimes forget being
lawyer, that the most immaterial
thing in the world, when considered as
a bar to a more equita BILE adjustment
of the rights of men, is a written con-
stitution.
g I have tried to say what I feel on
this subject in neditOrial in tOdays
Gazette, and 1 am sending it herewith.
I hope you will be convinced that am
not a wild-eyed visionary; but I don't
mind you thinking that I do believe
that our present system Of distributing
the common wealth of this nation is not
perfect even though it is, I believe. en-
tirely constitutional, as the constitution
has been interpreted heretofore. But
new interpretations make new constitu-
tions, and the popular conception and
acceptance of new ideals bringing new
interpretations
The editorial to which Mr.. White re-
fers is in part as follows:
-One of the ways the courts have got
into some small disfavor with the people
is the way lawyers prate In the courts
about the constitution. The constitution
is no settled proposition. The supreme
court has reversed itself so many times
that every one knows that the constitu-
ton is just what the supreme court hap
pens to think Lis at the time it's de-
~ciding any particular case And there
never was a constitution decision upon
which all lawyers agreed, who are juss
as learned and eminent as the judges on
the supreme bench who made the decis-
ion If one set of lawyers happened to
be on the bench and another Off the
bench the constitution would be a
widely different document any day in
the year. And this, too, without ques-
tioning the integrity of the court, nor
the learning Of the court. nor the cour-
age Of the court
Every president who appoints .
Judge to the supreme bench knows wnag
that judges general tendency and die
rection toward the constitution is, and
the judge is appointed because OF his
peculiar squint, plus ability. Other laW~
yers fail Of appointment to the bench
because they have certain attitude
toward the law. though their ability and
their honor are unquesttoned- Presidents
are directly from the people, and 90.
as the people change their notions Of
right and wrong, the constitution
changes without the bother Of amend
ing it.
ssThe moral sense of the people is the
base of this government, not the con-
stftutfon. and when the people deold9
fuffv and fmperatively and finally that
thing is right 1t viii become constitu-
tional whether the lawyers think It is or
not. There is nothing essentially sacred
in any constitution which can set Il
above the right and wrong, yet every
thief, since property became right OF
man. has tried to invoke cons stituJions
to protect his stealing. And he has
found the wisest and shreWdest Of law
yers. If he was rich thief, who were
willing to invoke the constitution
against the right
Constitutions come and 60 but the
ideal Of eternal justice in the hearts ok
the people still urges them on. looking
for the establishment OF that justice
among men which can form the only
basis of an honorable peace on earth.
Governor Hoch and George Findley
came home from Dodge City on tbs
same Pullman, and Findley got on at
Topeka taking the governors grip
with him by mistake, while the COVER
nor went on through to Kansas City
with Find1ey's grip. The governor h2o
+ to 90 to OsaWatonale without his grip
and after some energetic teleEraphinE
Kansas City and trade back This ia