The Washington times., 1912-02-21

wantonlf or too frequently used. I do
not believe that II should be made the
easy n ordinary way OF taking action.
IN the treat majority of cases II is
matters should be taken bv those street,
ally delegated 10 perform the task: in
gtner words. TINT the work should he
u"he by the experts chosen to perform
IT, But where the Tnen thus delegated
fail to perform their duty. then II
should be In the mower of the ppopie
themselves to perform the duty. III @.
recent speech Governor Mc5overn, Of
Wisconsin. has described the plan when
has been there adopted. Under this plan
the effort TO obtain the law r. FIRST 70
he made through the, legislature. the
bill being pushed ms far as II will go;
measure may he thrcshed over in actual
legislative debate This gives opporiu-
atty to perfect il in form and invites
hubble scrntiny. Then, IL the I.egIsla-
Ivy TIE people ON their own Initiative,
taken at least four months before cleo
ton. Moreover, where possible, the
question actually to be voted on by the
pteoplo should be made as simple as Dos
sihle. In short. I believe that the ini-
tintive and referendum should he used,
not as Substitutes for representative
government, but as methods of making
such government really representative.
Action bv the initiative or referendum
ought not to j." the normal way of leg
islation; but the power to toxic II should
re provided in the Constitution, so that
II the representatives fail tralv to rep
~ sent the people on soma matter Of suf-
fcient Importance 20 rouse popular in
tcrest. then the people shall have in
their hands the facilities tc make good
the failure.
And urge you not TO try
70 PIT constitutional letters on the
Legislature. MS 50 MANY constitution
makers have recently done. Such actl)
on your pa,t would invite the courts 10
render n"uatorv cvcrv legislative act TO
lature and entirely free hand. and
thCn rrnv!o" by the initiativ" md
referendum that the people shall have
power to reverse o. supplement the
become necessary.
Az to the recall. | do not believe that
there is any grcac necessity for 1t Ms
regards short-term elective officers. Or
clincd to be hostile to It. ! lnow OF
one case where IL was actually used
with mischievous results. On the other
hand. IN three cases in municipalities
to my knowledge Il vas used with eX.
ccllent results. / believe II should be
generally provided, but with such re-
| strictions as will make II available only
public feeling among a majority of tbs
voters.
Cause of Recall Movement.
There remains the question CT the re
call Of judges One Of TIE ablcst jurlsts
in the United states. a veteran in serv.
ice to the people. recently wrote me as
follows on this subject:
There are two causes of the agitation
for the recall as applied to Judges First
Ithe administration Of justice has with
| y "a tni
and technical. The recall is not so much
n recall OF, Judges from office as 1t is q
recall Of the administration of iustic:
back to life. so that it shall become
as 1t ought to be, the most efficient u
! all agencies for making this earth q
better place to live in. Judges have SCI
their rules above life. Like the Phari
sees of old, they have said. The people bC
accursed, they know not the law (thnj
is our 'rule9. Courts have repeatedly
defeated the aroused moral sentiment o.
| a whole commonwealth. Take the ex
ample of the ST. Louis Lood!ers. Theil
guilt was plain, and in the main con
fesscd. The whole State was aroused
and outraged. BY an instinct that goes
to the very foundation OF all soclu
order they demanded that the guilty II
punished. The boodlers were convicted
but the supreme court OF Missouri
never questioning their guilt. set theil
conviction aside upon purely teChnicl
grounds. The same thing occurred II
California. Nero, adding over burning
Rome. was patriot and a statesman
in comparison with Judges who thus
! trifle with and Illustrate the aroused
moral sentiment of great people, 70
| that sentiment Is politically the vita
breath Of both state and Nation. 1t fl
to recall the administration of iusti"'
| hack from such practices that the re
cent agitation has arisen.
Second, by the abuse of the power t
declare laws unconstitutional the court
la N nv 4 instead n
law-enfUrcinG. agency. Here. again TN
settled will Of society to correct con
fessed evils has been set at nouEh
Nv those who place metaphysics ahoy
life. II is the courts. not the ccnstltu
tons. that are at fault. II Is only b!
the process which James Russell Low
ell, when answering the critics of Lin
coln. called 'pettifoSeinG The Constitu
ton that constitutions which wen
fdesisned to nrOtrct society can thus b.
trade to defeat the common good. Here
fagain the recall is recall OF the al
minlstratiun of justice back from
academicai refinenents- to social serV
ice"
Rule for Fair Judiciary.
An Independent and Upright iudtoisr,
which faarlessly stands foc the right
even against popular clamor, but whic
also understands and symps thizes wit
popular needs. is a great asset of popu
lar government. Thsre is no publi
servant and no private II an whom
place above a Judge of TIE hest type
and very few Of whom l rank bestd
rim. I believe in the cumulative valu
81 the law and in its value as an I'm
personal. disintercstcd basis of contro
l believe In the necessity for The courts
INTERPRETATION of The law as law Will
out the power to change the law or I
substitute some other thing than LAY
FOR It, Put agree with every erea
iurist. from Marshall downwards. whe
l say that every Judge is bound to cor
slider two separate elements in his de
Cision OF a case. one the terms OF tn
law. and the other the conditions c
actual life to which the law is to
applied Only by taking both of thes
clements INFO account is IT possible I
apply the law as its spirit and inter
demand that it BE- applied. Both la
and life are to be considcrcd in orde
that the law and the Constitution sha
become. in John Marshalls word. g
living instrument and not a dead lei
ter" Justice between man and man, bc
tween tho state and its citizens, is In
ing thing, where a legalistic Justice Is
dead thing. Moreover, never forget tha
the Judge is Just as much the serVar
lao L. nf official