The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1911-11-30
Open Letter to
Judge Daytor,
By Harold w. Ho,,ston

We are informed by the press that
IN your recent charge to the Federal
Grand Jury at Phillip you took oc-
caslon TO enter into fervid condem-
nation OF the initiative, referendum
ana recall. If we are not mistaken
this is not the first time your honor
mas referred to these political issues
from the bench. II other words, if
We are reliably informed, you have
converted the legal forum over which
you preside, into a rostrum from
which you have thundered against the
growing demand for popular govern
ment. Ignoring what the legal pro-
fessfon, as we'll as the layman, con-
tGer gross breach of judicial pro-
priety. / wish to refer merely to the
question of your attacks
A man of your education cannot
help knowing the full import of the
measures which you condemn. The
recall makes it possible for be-
trayed and outraged electorate to re-
tire faithless official to private life.
Do you object to that? The initia-
tive makes it possible for the voters
to secure law which bought legis-
lators refuse to give them Do you
~ liz CIel
makes it possible for the voters to
nullify an act which has been passed
at the behest of political freebooters,
and which is used to enslave the mass
of the people economically. Do you
object to that?
l feel sure that your real objection
to these measures is that the people
cannot be trusted. You probably
feel thai ha-
to look after them 1t may be that
you have visions of mob rule"
Possibly you conceive that society is
who hold the reins of the various
departments of government Per-
haps you have forgotten that gov
ernments derive their just powers
from the consent of the governed.
Or can it be that you agree with the
president of the American Bar AS
soc1aticn that Judges are made of
a little finer clay than the average
man! II it is none of these things,
then. pray. why are you SO fearful
OF these weapons which aim to give
us "a government of the people, by
the people. and for the people?''
There are two types of mind: the
arlstocratic and the democratic.
These two types are antithetical
but there are many minds made up of
GI imperfect blending of the two ele-
mentS. Feudalism has but too re-
Gently given way to capitalism for the
average mind TO have completely dis
carded all archaic ideas. This ac-
counts for the fact that many people
still fear popular rule. This is an
outcropping of the slristocratic ideas.
1t comes down to us from a not very
remote time when the knig was the
depository OF all political wisdom.
This political medievalism was given
recognition by the trainers of the
constitution whcn they provided that
federal judges should hold office dur
ing god behavior. i. e. during life.
They feared that an upheaval of the
masses might disturb the serenity of
lhe existing regime. By placing the
federal judiciary beyond the reach of
the mob, the people would be pre-
vented, by their superior wisdom
from committing political suicide.
Now. however, such notions are 60
ing out of style. The people propose
to rule. The wisdom from on high
no longer interests them. They see
now in whose behalf that wisdom
has been used. Salvation is never
handed to us on a silver platter. We
might pray eternally for the Lord
to send us turkey but it will not
come. Like the old darky. we are
now praying for the Lord to send
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