The Washington herald., 1907-11-21

New York, Nov. 2o.-The newly formed
Civic Forum. an outcome of the peace
conference of last year, began its public
career tonight as a lyceum for the dis
cussion Of national and international
topics by a meeting in Carnegie Hall, at
which Gov. Hughes and Justice David A.
Brewer. Of the United States Supreme
Court. made addresses.
Gov. Hughes devoted much Of his speech
20 amplifying the idea that the public
officer must work for the people only
and not to satisfy his own ambitions.
Justice Brewer spoke on Public Office
in Relation to Public Opinion" and sur
prised his audience 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.
The governor escaped embarrassment by
leaving early. 1t was said that he had
no knowledge Of what Justice Brewer in
tended 10 say
Justice Brewer spoke Of mob rule. de-
nounced lynching, and declared that the
country just now was "full Of cOnsti-
tutionaI lawyers" He spoke of the sa-
crednes Of the Constitution, and passed 10
the subject Of rulers
Extremes of Government.
Among other things. Justice Brewer
said: "Despotism and a mob are the two
extremes Of government. In the one the
people have nothing 10 say, and in the
other they have uurestrained voices. True
democracy occupies the middle ground,
The more constant and universal the
voice Of the people. the nearer the ap-
proach to an ideal government.
Initiative and referendum make public
opinion the quality controlling. The more
promptly and more fully public officers
carry into effect such public opinion the
more truly is government Of and by the
people realized
'Hasty legislation. if not always. is
often step backward. Many a bill
needs executive veto. and in New York
State It gets it, If the legislations were
always wise the Constitution would be q
mistake for that attempts to conhne leg.
islation within certain limits.
THE Constitution is not a criminal code.
II is a theory Of government, and is not
to be read in favor of anybody. but is an
instrument whose clear words have the
force Of vital and solemn truth. binding
on the majority rs well as the minority.
In the light Of these general thoughts,
what are the relations OF public officials
10 public opinion?
Us the officeholder an agent or a ruler ?
No one doubts that It is a base betrayal
of trust for an officer elected upon one
platform with g view, perhaps, OF carry
ing its set principles into legislation, 20
turn around, after securing his Office, and
support the opposite side. For there is an
implied promise in the acceptance of an
Office, and II IS the idea of popular gov
eminent 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 representa-
tive.
Elected as Rulers.
I'm this country We elect political Off
GERS generally for short and specific
terms. For the term elected. ruling. of
course in accordance with constitutional
provisions, the one selected Is a ruler.
He may be impulsive. enthusiastic.
strenuous, exhibiting a spectacular and
dramatic life. or calm and self-poised in
administration. No one doubts that
President Roosevelt or Gov. Hughes hs a
ruler Neither one Is absolute. Each is
subject to limitation. The range Of his
power is prescribed, yet within that range
each is most emphatcally a ruler.
THE President is the Chief Magistrate
of this nation. not for his glory. but for
our good. Indeed, HIS greatest glory
should be in accomplishing the most for
our welfare.
1T may not be generally known that
the convention that framed the Constitu-
tion at first prescribed a Presidential
term OF seven years with a 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 10 the
present four-year term. In the light of
history think it would have been better
to have left the Presidential term seven
years. II that were the provision. we
should not now have the spectacle of a
strenuous President playing a game of
hide and seek with the American people -
Brewer Is AppIauded.
When Justice Brewer intimated that
seven years Of Roosevelt WAS enough. the
audience fairly gasped. The justice paus-
ed a moment and then the applause he
gan. 1t soon swept through the audito-
rum and was the most prolonged and
the loudest of the evening. Justice
Brewer then said that a ruler sbould
not yield 10 local popular cIamor. and
added
1T is disgraceful for him to adopt the
politicians trick Of being for the law but
against its enforcement"
Justice Brewer then passed to the CON
sideration Of the conduct of judges. and
said:
God pity the republic when our Judges
introduce the spectacular in their judicial
proceedings for the sake OF Temporary
popular applause"
He quoted Lord Mansfield as saving.
II wish popularity, but not that which
is run after; It is that popularity which
sooner or later never fails 10 do Justice
TO the pursuit OF noble ends by noble
minds"