Montour American. (Danville, Pa.) 1866-1920, 1907-12-12
HIT At CONSTITUTION
Binds People Hand and Foot.
Says Tar Heel Jurist.
WOULD LIMIT PRESIDENT.
Chief Justice Clark of North Carolina
Declares Amendments Are Needed.
Asserts Government Is Now Out of
the Peoples Control.

Declares Amendments Are Needed.
the Peoples Control.
Chief Justice Walter Clark of the
supreme court of North Carolina. who,
lectured recently in New York under
the auspices of the Peoples institute
spoke on "rhe Federal Constitution, /,
Shall 1t Be Amended by the Courts or
by the Peope?" He spoke in part as
follows, says the New York American:
THE president of the United States
is a very clear headed man. RecogniZ-
ing that as our constitution is word
ed amendment of that instrument is
impossible if opposed by aggregated
wealth and that in truth it has been
amended from time to, time by the
majority of the supreme court under
the guise of constituting that instru-
ment, he has astonished the public by
frankly calling on the court to con
strue it again to give him the power
he wants"
Asserting that the clause which in
three-fourths of the states was impos-
sible of fulfillment. Justice Clark said:
lis this always to he the case? Are
the 100000 Americans of today and
the coming millions of the future al
ways to be tied hand and foot by
what five elderly lawyers shall say
that the thirty-nine dead men who
ct bn 80 f,NA
ed or did not intend?
"Such a system of governing is in no
whit better than the augurs of old
who induced the people to acquiesce
in the will of those in power by tell
ing from the fight of birds or inspec-
tion of the entrails of fowls whether
the gods were propitious or not.
IAN easy mode of conforming the
constitution to the popular will pre-
walls in other countries. In our indi-
vidua states also amendments are
easily obtained by legislative action
submitting the proposed amendment
to the people or by calling constitu-
tional convention. In New York, l
believe, your constitution prescribes
be submitted to the people at least
once in every twenty years.
How different from the federal in
hibitlon. Yet an examination of the
United States constitution shows the
most absolute need of amendment.
THE history of the formation of the
constitution shows that It was not
i'll. 81,
people even of its own day and Illus
trates also the present need of amend
ing It, While the Declaration of Inde-
pendence was Il thoroughly democratic
document the constitutional conven-
tion of eleven years later Q7S7) was
reactlonary.
THE constitution was made as un-
democratic as possible and only
enough concessions made to insure its
ratification by the several states. Had
those men been gifted with divine
foresight and created a constitution fl
for this day and its developments it
would have been unsuited for the
needs of the time in which it was
fashioned
The change i'll our countrys condi-
tion makes amendment to the consti-
tuition urgent. Corporations, which
now control the country and its gov
ernment. were in 1897 a factor practi,
cally unknown in industry and finance
The peoples real control over the
government is in practice less than
that which they hold in England and
Switzerland and in some respects even
France, In this country we retain the
forms of a republic
I'VE still choose our president and
the house of representatives by the
people. but other divisions of the gov
ernment, chosen not by the people. but
indirectly, can negative the will even
of vast popular majority.
"Our government is fundamentally
undemocratc in this degree. The real
power does not reside in the people.
1t rests with those great interests
which select the majority of the sen
ate and the judges
ut Is high time that we had a con-
stitutional convention. The same rea-
sons which have time and again caused
the individual states to amend their
constitutions imperatively require a
convention TO adjust the constitution
of the nation to the changed conditions
of the times. Urgent as this need is.
1t will without doubt be vigorously re-
sisted by tn, = interests which now
sway much of the power of govern
ment to their own profit ana benefit.
More limitation should be placed upon
the power of the president
"The most important change neces-
sary to place the government of the
Union in the hands of the people is to
make the constitution easy to amend.
BY far the next most serious defect
and danger in the constitution is the
appointment of judges for life. subject
t. confirmation by the senate
"Of what avail shall it be if con
gress shall conform to the popular de-
mand and enact a rate regulation bill
and the president shall approve it If
five lawyers, holding Office for life and
not elected by the people, shall see fit
to destroy it, as they did the income
tax law?
els such a government a reasonable
one, and can 1t be longer tolerated
after 100 years of experience has dem
onstrated the capacity of the people
for self government?