Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1908-02-03
HIT At CONSTITUTION.
Binds People Hand and Foot,
Says Tar Heel Jurist.
WOULD LIMIT PRESIDENT.

Asserts Government 10 Now Out o.
the Peoples Control.
Chief Justice Walter Clark Of ths
supreme court of North Carolina. whe
lectured recently in New York unde,
the auspices of the Peoples institute
spoke on "The Federal Constitution;
Shall 1t Be Amended by the Courts OF
by the PeopleT" 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 1t 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 1t again to give him the power
he wants."
Asserting that the clause which in.
sisted that amendments be ratified By
three-fourths of the states was impos.
sibie of fuilment, Justice Clark said
rs this always to be 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-fine dead men who
signed the constitution of 17S7 intend
ed or did not intend?
''Such 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 flight of birds or inspec
ton Of the entralls Of fowls whether
the gods were propltious or not
"An easy mode of conforming the
constitution to the popular will pre-
walls In other countries. In our indi
vidual states also amendments are
easily obtained by legislative action
submitting the proposed amendment
to the people or by calling a constitn-
tional convention In New York.
believe. your constitution prescribes
that the calling Of convention shall
be submitted to the people at least
once In every twenty years.
How different from the federal in
hibitioni Yet an examination OF the
United States constitution shows the
most absolute need Of amendment
1.-The history of the formation of the
! constitution shows that it was not
fully adapted to the wishes of the
people even Of its own day and Illus
trates also the present need of amend
| ing II. While the Declaration of indie
4! pcndence was thoroughly democratic
| document, the constitutional conven-
ton of eleven years later Q787l was
reactionary.
THE constitution was made as I'M
democratic as possible and only
enough concessions made to insure it's
ratification by the several states. Had
those men been gifted with divine
foresight and created a constitution fit
for this day and its developments 1t
would have been unsulted for the
needs of the time In which 1t was
| fashioned.
THE change In our country's cOndi-
\ ton makes amendment to the consti-
tuition urgent. Corporations. which
now control the country and its gov
eminent. were in 17ST 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 republic.
I'VE still choose our president and
the house Of representatives by the
people, but other divisions of the gov
eminent. chosen not by the people. but
Indirectly, can negative the will even
/ Of vnst popular majority.
"Our government Is fundamentally
undemocratic In this degree. The real
/ power does not reside In the people.
1t rests with those great interests
which selects the majority of the SEN
ate and the judges.
at 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 fmperatively require
convention to adjust the constitution
Of the nation to the changed conditions
OF the times. Urgent as this need Is,
It viii without doubt be vigorously re
sisted by those interests which now
sway much of the power of govern
ment to their own profit and benefit
/ More limitation should be placed upon
the power Of the president
"The most important change neces-
/ sary to place the government of the
I 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
i appointment OF judges for life, subject
to confirmation by the senate.
''Of what avail shall it he If con
gress shall conform to the popular de
mand and enact a rate regulation bin
and the president shall approve it II
FIVE lawyers. holding office for life and
I II. 4 -