Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1911-09-20
The True Genius of Popular Govern
~ ment.
Editorial in the Cristian Advocate.

Mr.. Taft's discussion of popular
government in his message to Congress
vetoing the New Mexico Arizona
statehood bill is one of the most i'm
portant deliverances Of recent times.
Whatever one may think of the recall
as applied to the judiciary, or what
ever one may think of the right Of the
Executive to interpose veto on a
provision not in conflict with accept
ed forms of republican government, it
remains that the Presidents Incl
dental exposition of the true genius of
popular government, for comprehen-
siveness. clearness, and cogency is
one of the most admirable in our
political history.
In popular discussions emphasis
usually comes upon the rule or the
majority; little heed is given to the
rights of the minority. And yet the
minority have rights which the
majority are bound to respect, How
then shall the majority be restrained
from a tyrannous invasion of the
rights of the minorityf By a Con-
stitution, says the President, in
which the rights of the minority are
recognized. And who is to interpret
the Constitution against the pressure
of an Interested majority? The
judiciary, says the President, who
must be free for such unpopular pur-
poses by knowing themselves to be in
dependent of popular and partisan
prejudice as they could not be in the
presence of an authorized recall.
There is no greater mistake than to
suppose that the majority is always
wise or right OF of the judicial
temper Good sense and sound
Judgment are quite as often, and
history would seem to show, more
often, on the side of the minority.
And it is precisely that good sense
and sound judgment may not be
utterly overborne that the founders of
the republic organized a government
IN three branches legislative, by
which laws are enacted: the execu-
tive, by which laws are enforced, and
judicial, by which the intent OF the
law is decided in cases where the
intent is in question. Theoretically
these branches are independent; more
than that when they are operated in
the spirit of the Constitution they are
checks upon each other. Indeed, the
ends OF a true democracy are best
served only when they do so operate as
checks upon each other But that
they may so serve and do so with per-
feet freedom and independence there
must be guarantee that their tenure
of Office is not to be subject to popular
whim or their decisions to vote of
the crowd. Otherwise one night just
as well 60 in for mob rule and be
done with it.
The wisdom OF the recall may be
doubted as applied to any public
officer No doubt the majority will
do right when it knows what is right
to do. But the recall is generally
planned without reference to delibera.
tion, or the calming and clearing
influences of time. 1t presupposes
popular disappointment and conse-
quent anger and resentment. And
these are just the tempers in indulging
which the public ought to be rigidly
restrained from doing anything.
Government by passion is hardly
popular government; and no lasting
good is accomplished by letting an
angry majority have its own way
When applied to the judiciary the
recall is just less than absurd A
judicial decision, if judicial at all,
is the result of expert knowledge,
trained thinking, and unassailable
fairness of temper. To have such
decision ratified or disavowed at the
polls by an electorate which knows
and can know nothing of the real
history Of the case or of the actual
principle involved is to make justice
as between man and man, and man
and the government, a huge joke.
There have been venal judges. no
doubt, and foolish judges and harmful
decisions and laundering decisions;
but the remedy for these is not in a
public campaign IN which popular
prejudice and the passion for partisan
ship will have free course to run and
be glori6ed. The remedy for these
is impeachment in which the deliber-
ate and reasoned processes of law
will be followed and in which the
venality of the judge and the in
justice Of his decisions will be openly