Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-02-05
Justice Van 0rsdel DepIores
SociaIistic Tendency.
GIVES VIEWS At BANQUET
Expresses Opposition to Election Of
Senator's by People.
LAUDs ALEXANDER HAMILTON
MIS-. Mussey, at Dinner Of Glass of
1912, Reviews History Of Wash
ington College Of Law.

I'm these days, when the tendency is
so strong toward socialism, and
when there is a general assault upon
property rights, it is fitting that sane
people should halt and take stock. De-
stroy the right of property and you
have socialism and anarchy. With
these, life and liberty have no protec-
ton.
Time will not permit me to elaborate
on this dangerous tendency Of our times
and the apparent willingness Of public
men to sacrifice principle, vital to the
existence of social order, by trucking
to mere passing dreams and temporary
popular passions
Associate Justice ]. a. Van Orsdel Of
the Court Of Appeals Of the District of
Columbia. uttering this warning against
radicalism, declared his opposition to
the theories Of initiative and referendum
and to the election of United States
senator's by the people. His views were
expressed in the course Of an appreci-
alton of Alexander Hamilton. wnom he
eulogized as the greatest constructive
banquet of the class of 1912 Of the
Washington College of Law, held last
night at Rauscher's.
''If Hamilton were alive today and IN
public life he would not be an insurgent,
declared Judge Van Orsdel. "He would
be opposed to the initiative and referen-
dunn and to the election of United states
senator's by the people, as we'll as many
other fads just now enjoying spasnl u
temporary popularity, all OF when are
darts aimed at the very life of representa-
tive government and destructive OF the
whole theory upon which our institutions
were esta blished."
Against Initiative and Referendum.
Regarding the initiative and referendum
Judge Van Orsdel said:
by the initiative and referendum it is
proposed to enact and repeal legislation
elected for that purpose, but by the
people themselves at the polls. This is
not a new scheme. 1t had its advocates
In the champions Of pure democracy when
the Constitution was adopted, but the
leaders of all factions were agreed that
such a plan would inject into our system
Of government an element of weakness
and instability dangerous to the continued
existence Of the nation
ut may be suggested that If it was
considered dangerous to vest this power
in u population of three million people,
who had just emerged from great strug-
gle for liberty and Independence, fired
more dangerous it is now to vest it In
ninety millions, composed Of hetero-
geneous mass from all nations of the
world. engrossed with the frenzy of COM
mercialism?'
His opposition to popular election Of
senator's found the following expression:
More dangerous to my mind Is tho de-
parture suggested Of the popular cleo
ton OF United States senator's. In tho
division of the legislative department into
two branches, the lower or popular
branch is directly accountable to the peo-
ple at frequent intervals. 1t Is balanced
Ivy the upper branch, which is equally
distributed In membership between the
states, and removed from the influence
ri popular passion.
by the longer tenure OF Office and
higher qualifications prescribed for men,
bership in the Senate, and their ac-
;nrfltafiIity to the states, instead of d-
rectly To the people in isolated districts,
the one branch was intended to serve az
check upon the other-the Senate to
Withstand any hasty and ill-considered
response to public passion, and the House
to form an inter vening link between the
+ eople anc the Senate
Balance Wheel of Nation.
"Tha United states Senate always has
been just what it was intended to be, the
balance wheel Of the government. 1t can