The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-09-20
RECOGNIZING HIS LIMITATIONS.

RECOGNIZING HIS LIMITATIONS.
4 We make no apology for again calling atten-
tiun to the fact that Colonel Theodore Roose-
self seems 10 he partially responsive to public
opinion as expressed in intelligent criticism.
The fact is one of significance especially be-
cause this response is new phase of an ever
changing and always interesting character. Col
oatl Roosevelt has an ear always 10 the ground
When be has been dogmatic. it has been because
his analysis Of the public mind has shown him
the direction Of lis dogma. When he has been
eblivious to criticisms it has been because he has
determined that the criticism is worthless from
The poiRt Of view of popular sympathy. 1t is
shereforc significant that now, just after tour
of character to turn much more modest head
than his. he should display defensive and OK
rlanaiorv attitude toward the utterances upon
which be depended to arouse enthusiasm, and
which until recently he had defended as things
spoken c1-cathedrQ
Thus, the astounding new nationalism has
become merely the application of ancient prin-
ciples 10 new conditions The revolution has
fzzled and gone out Also. and even more sig
nifcant the vehement criticism of the Supreme
Court is refined down into the mere exer
else of the undoubted private right of the ndi
sidual 10 express his criticism of any department
of the government. or of the exercise Of any gov
ernmental function
These two qualifications of unqualified asser
ton indicate ON the cx-Presidents part an ap
probation of the fact that he can go too far
They show that it has been borne in upon hin
that even the greatest leaders can lead only SC
far as the people will follow. They disclose til,
Colonel in unexpected and violent stoppag,
against the wall of the laws and the constitution
Passing over the contention that man who's
repeated ideal is an all-embracing government
with an allpowerful head is not iust the safe
person TO apply old principles to conditions
let Us examine for moment the defense as tt
the right of criticism of the Supreme Court. n
man has denied that right any more than an,
man has denied the old need of new application
of old doctrines. The courts has never sough
either 10 deny 10 abridge it, Every decision
OF importance IN itself represents the sitting ant
consideration of intelligent criticism of other de
clsions. II is by criticism, analysis and though
that adJndications are born, and that they ar,
preserved They gain their strength by attack
Clearly, Colonel Roosevelt has the right of an,
other man, ignorant of the law, TO express hi
temperamental if uniformed opinion as to, til,
law as it has been decreed. If he were private
citizen in fact we'll as in name, his criticism
OF the highest court would merely lay him opel
! to the ridieule suffered by every man who under
takes 10 talk of that of which he knows nothing
he i not however, private citizen in actuaitv
and he does not stop at a criticism which is pow
erless 10 take effect. On the other hand he AN
nounees new doctrine for the courts, the ru
that the courts should follow in their decision
+ he H. f4l,n L..
date OF the Constitution as they see it. In othel
words, Colonel Roosevelt, having criticized III,
courts, gives as the remedy the policy by the
court of declaring that to be the law which Con
gress has not enacted as law. He would have i
read into the Sherman law. for instance thing.
which even SO broad and all-embracing a statute
as that does not include. He would remove tn,
objection that the courts have arrogated the pow
err to nullify statutes by going step further in
that policy and investing them with the power tc
make statutes 10 iii the demands of unformulated
public clamor. Seeking 10 make Congress the
effective tool of powerful executive, he would
do 1t by making Congress subservient 10 the Su.
preme Court This is not criticism: it is revo-
luton
The Colonel, however, has heard from the
country. Evidently il has dawned upon him
that the people have confidence in the court, and
that his criticism of il unpopular OF course.
he would never admit so much in words OF
course be will love the court even less for the hold
i is demonstrated it has on public affection But
tue gratifying thing is that even the x-President
makes tacit admission of his limitations. De-
spite the Western tour, the Constitution still
manages to endure. Despite The new nation
allsm,' there remains in the country lingering
affection for old ideals.