The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-09-21
WHAT THE CHANGE MEANS,

ilpuhu themselves unaplo 10 90 any
thing they were at least free TO talk
and number of interesting contro
lvcrsies are reported in the Eastern
newspapers as occurring at that con
rention. One of them tells how Gov
ernor Emmett q Neal of Alabama made
a raid on the initiative. referendum
and recall He WAS speaking to the
point which seemed TO be so immensely
nors on strengthening the power of
the State executives. That is TO say,
the Governors were there pleading
among themselves. aud each supporting
tho other for greater executive power
within their several States.
Governor O'Neal declared his oppo-
Isition to the iDitiative. referendum. aud
recall, and said that he did not believe
it necessary TO raise crop OF new laws
TO meet any situation now existing. In
his opinion representative government
is mcuaccd by "a hystcria for change, -
which would substitute for orderly jul
dicial procedure trial before he peO-
ple founded on an Indictment that need
not alleCe specific facts or show tho
commission of any offensc. but might be
only the outgrowth of injustice, passion
prejudice. or private revenge, His idea
is that the people have no need to in
itiate new laws through popular distrust
of the legislative branch Of the gov
crnmcnt. The common law forges a
weapon, he said, for every need, and
contains remedy for every wrong.
Of these new devices. spoke in
their favor.
There is no doubt but that Governor
o Neal. in taking this position, got
right down to the logic of the case,
The initiative and the referendum do. in
fact DESTROY representative govern
mcnt. They attempt TO restore the
democracy of ancient Greece in our
modern governmental system, setting
aside the republican form which has so
far prevailed. and which the fathers of
the Republic provided >. and meant to
provide. Whether our instantaneous
different parts of IT, State or Of the
Nation, and the speedy transportation
which VIC now enjoy, have brought us
so close together that we can initiate
question that must be wrought out At
any rate, it is a clear case that repre-
sentative government is a failure in the
minds Of those who demand the initia.
i've. referendum, and recall.
There is one portion of the idea of
government by democracy upon which
here Is j good deal Of confusion, both |
II the minds of those who favor tho |
,ew departures and in the minds of
hose who oppose them, and that is the
proper placing of the judicial branch |
lnder tho proposed changes IT is a |
lear case that if representative gov
has failed. and that wc must |
get down to democracy as the ancient
irccks established. or substantially on |
hat line, investing in the people direct |
he governmental powers, then there is |
10 room for any such judiciary as we
ave in this country, either State or
National. Under that ancient dcmoc-
acy, and under any system of pure
democracy. there is no need for any iu. |
!icial system further than the profcs- |
ion Of the lawyer who would plead be |
orc the assembled citizens the cases Of |
my client: or if the client is himself |
IN orator or lawyer he can plead his |
ase before the citizenship assembled |
- hear and determine the case, The |
hargcs against Socrates were heard and |
by AN assemblagc of between
100 and 600 AthcDians and the verdict |
gainst HIM was by u majority of some {
hlrty over the votes of his friends If |
Sc"arc 10 have democracy in the lcgis.
,tlve department. of the government. /
nd, democracy ms implied IN the recall,
o be exercised against executive and i
officers, and also against !
udgcs of courts. why not abolish those |
Judges and the courts in The first place /
nd let the questions come direct be.
ore the people? To have fhc recall of i
Judges would imply, If really put into
fleet. an addendum to our present iu-
iclal system, and it would further add Il
O the delays which arc now insufTcr-
bic IN judicial procedure There would
ppear 10 be no LOGICAL reason why Il l
JUDICIAL decision should not come under
he referendum as well as auy other
iNIl act. legislative or executive. The l.
eorle already pass upon the fitness OF |
he Judges Of State courts by clectinc
hose Judges. If they arc also 10 be
.iven the recall AS is admitted to be
Jglcal if We are 10 enter upon pure
emocracy, there would appear no rea-
on, further. why the decisions them
elves should not come in the first place
cfore tho people and so get rid of the
ourts altogether. For. il the people
re TO eventually decide, ms the recall
yould mean il reilly in working opera.
ion, why have an intermediary between