The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1907-12-07
What Justice Brewer Said.

a
speech delivered at banquet held in New Yorl
City November 20.
Justice Brewer spoke on Public Office in Rela
by severe criticism and arraignment of President
Roosevelt
Justice Brewer not only reflected on the President
openly, but by innuendo. He contrasted openly
Roosevelt and Hughes.
Justice Brewer spoke of mob rule, denounced
ynching and declared that the country just now
"fu of constitutional lawyers" He spoke OF
the sacredness of the Constitution and passed to the
subject of rulers.
Among other things Justice Brewer said: 'Des-
potism and mob are the two extremes of govern
ment In the one the people have nothing to say
and in the other they have unrestrained voices
True democracy occupies the middle ground. The
more constant and universal the voice of the peo-
pie, the the approach to ideal government
Initiative and referendum make public opinion
the quality controlling. The more promptly and
fully public officers carry into effect such pub
lie opinion the truly is government of and by
the people realized.
"Hasty legislation, if not always, is often step
backward Many bill needs executive veto, and
in New York State it gets its. If the legislations
always wise the Constitution would be mis-
take for that attempts to conhne legislation within
certain limits.
"The Constitution is not criminal code. 1t is a
theory of government and is be read in favor
of anybody, but is instrument whose clear words
have the force of vital and solemn TRUTH binding on
the majority we'll the minority In the light
of these general thoughts, what the relations of
public officials to public opinion?
as the ofice-holder an agent or a ruler? No one
doubts that it is base betrayal of trust for
officer elected upon platform with a view, per-
haps of carrying its set principles into legislation
to turn around after securing his Office and support
the opposite side. For there is an implied promise
in the acceptance of Office, and it is the idea of
popular government that the Judgment legally ex-
pected by the people shall not be DETECTED by any
indirect influence and the shifting of opinion on the
part of the representative
"In this country we elect political officers gener-
ally for short and specific terms. For the term
elected ruling, of course in accordance with Con-
stitutional provisions, the selected is a ruler.
He may be impulsive, enthusiastic, strenuous, ex-
hibiting spectacular and dramatic life or calm and
-self-poised in administration. No doubts that
President Roosevelt or Governor Hughes is ruler.
Neither one is absolute Each is subject to limta-
ton. The range of his power is prescribed, yet
within that range each is most emphatically ruler
"The President is the chief magistrate of this
Nation, not for his glory, but for good, indeed
his greatest glory should be in accomplishing the
most for welfare.
1T may not be generally known that the conven-
ton that framed the Constitution at first prescribed
a Presidential term of seven years with prohibition
on reelection In the judgment of some men, among
whom I am one, there is a mistake in changing
the seven-year term with prohibition on reelection
to the present four-year term In the light of his
Io++o~ 1of+
he Presidential term seven years. If that
he OrovisiOn we should not now have the sDectac1e