The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-16

jority-of all who enjoy suHrage-it
Is also government OF the whole peo-
pie. conducted oy that majority nncer
such rules and checks as VIII secuIe
d wise, Just and benencent result. The
truth OIL the maxim that the people
can be trusted TO do right. the eresl-
dent admits, II all The people, all
asreeins. are meant. but that d ma
Jurity can always be SO trusted, ne
does not believe. Therefore. he says,
Constitutions are devised to check
nasty action by the majority.
The division OF government into
Three separate branches" says the
President. the Legislative to make tile
laws, the executive to execute them.
ana the Judicial To decide In cases
arising before it the rights of indi-
viduai as between him pnu others, and
mas always been regarded as great
security Tor the maintenance of free
institutions, and the security Is only
hrm anu assured when the judicial
branch is Independent and impartial.
In u proper sense, Judges are servants
OF the people; but i is not work In
the will OF the majority. except as
mat is embodied IN >tatutes. lawfully
enacted according 10 constitutional
limitations. The! are not popular rep,
dependent"
:. Early in thi. nations history, the
President continued, ii was argued
that the obligations OF the Constitu
ton operated only on the Legislature.
and that whatever. the Legislature did
headed statesmen and Judges" OF the
early days. said the President. de-
clined TO accept this view. and the
Judges soQp came to declare that law
which they found at variance with the
Constitution was not law at all. was
not binding on the courts. the !ndi-
viduals. or any branch OF the govern
ment, and that II was the duty OF
Judges so 10 decide"
Commentator OF World.
This power conferred on the judi,
says the President is unique in the
history of governments, ana its oper-
alton has attracted and deserved the
admiration and commentator OF the
position higher, stronger and nlona re-
sponsible than that OF the judiciary OF
any, other country. and more effec-
lively secures adherence 10 the funua
mental will of the people"
Speaking of his course OF argument
against the. recall. once more. the
tenn more ingenlousiy devised to SUP
ject judges to momentary gusts OF
popular passion than thisT No period
OF delay is interposed for the ahate..
ment OF popular feeling. The redili
Is devised to encourage quick action
and to lead the people 10 strike while
the iron is hot
ing. the President explains. while the
spirit OF protest has not had time to
cool, the Judge is to be "haled before
the electorate as tribunal, with no
judicial hearing, evidence or defense.
and thrown out Of oince and dlsgraced
for life. because he failed In a single
decision. it may ue. 10 satisfy the pop
ular demand"
Think of the opportunity such a
system would give TO inscriptions
political bosses in control. as they
have been in control not only of con-
ventions but elections. Think of the
enormous power for evil given to the
sensational. undertaking power of the
press in arousing prejudice by false
charges and insinuations. the effect
OF which in the short period of an
election by recall II would be impos-
sible for him to meet and Offset"
With the argument that the recall
would work to the advantage OF the
poor and oppressed. the President has
no patience