Weekly journal-miner., 1911-08-23
Taft Hands Down His Veto to the Flood Resolution In Lengthy Message

is not solely for a majority of them, the majority in exercising control either directly or through it's agents, is bound to exercise the power for the benefit of the minority as well as the majority. But all have recognized that the majority of people-unre- strained by law-when aroused and when without the sObering effect of deliberatiOn and discussiol-may do injustice to the minority or the indi- vidual when the selfish interest of the majority prompts. Hence arises the necessity for a constitution by which the will of the majority shall he per mitted to guide the course of the gov ernment only under controlling cheeks that experience has shown to be nee essary to secure for the minority its
 share of the benefit to the whole peO- pie that q popular government is es-
 tablished to bestOw. A popular gov
 ernment is not a government of a
 majority by majority for a majority of the people. It is a government of the whole by majority of the whole
 people under such rules and checks as will secure a wise. just and bene- fieial government of all the people. It is said you can always trust the people to do justice. If that means all the people and they all agree, you can. But ordinarily they do all agree, and the maxim is interpreted to mean that you can always trust ma iority of the people. This is not in variably true; and every limitation imposed by the people upon the power of the majority in their constitutions is an admission that it is not always true.
 No honest. clear-headed man. how ever great lover of government can deny that the unbridled judgment of majority of a community converted hastily into law or action would some times make government tyrannieal and cruel. Constitutions are cheeks upon the nasty action of the majority. They are the self-imposed restraints of the whole people upon a majority of them to secure sober action and a respect for the rights of the minor ity and of the individual in his rela- tion to other individuals and in his relation to the whole people in their character as state or government.
 The constitution distributes the functions of government into three branches-the legislative to make the law. the Executive to execute them, and the Judiciary to decide in cases arising before it. the rights of the as between him and others and as between him and the govern ment.
 The division of government into three separate branches has always been regarded as a great security for the maintenance of free institutions and the security is firm and assured when the judicial branch is independ ent and impartial.
 The legislative and executive branches are representative of the majority of the people which elect them in guiding the course of the government within the limits of the They must act for the whole people of course, but they may hope right to follow and usually ought to follow, the views of the majority which elected them in respect to the governmental policy best adapt cd to secure the welfare of the whole people.
 But the judicial branch of the gov is not representative of q majority of the people in any such >tu>t. even IT lht ilout bl NtlttilHS ! judges is by popular election. In a proper sense judges are servants of the people, that is if they are doing work which must be done for the gov ernment and in the interest of all the people but it is not work in the doing of which they are to follow the will of the majority except as that is en- bodied in statutes lawfully enacted recording to constitutional limita- ion.
 They are not popular representa- ives. On the contrary; to fill their offices they must be independent. They must decide the question which .omes before them according to law