Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-03-21

4 0-AAAASnANS
involving tie constltutiaasiity Of the
initiative and referendum laws Of Ore.
gon. Tho ground Of the decision Wa
that such question was not judicial
In it, nature. but should bs left for
determination to the other co.ordi.
nate departments Of the government.
II It not equally plain that the auss-
tioa whether q given social policy 10
for the public good 10 not Of . judicial
nature, but should be settled by the
legislature. or in the ANAL instance b.
the people themselves?
Tho President Of the United States.
Mr.. Taft, devoted most Of . recent
speech to criticism of this PROPOSE
ton. He says that 1t "is utterly with.
out merit or utility. and. instead Of
being in the interest Of all the
people, and Of tho stability Of popu-
lar government. 10 sowing tho seeds
Of confusion and tyranny" (By this
he Of course means the tyranny Of the
that Is, the tyranny Of tho
American people as . whole). He
also says that my proposal (Which.
as he rightly sees, 10 merely . pro-
posal to give the people q real, in
stead Of only nominal. chance to
construe and amend . state constitu-
ton with reasonable rapidity) would
make such amendment and interpre-
tation depend on the feverish, un-
ce. lain. and unstable determination Of
successive votes on different laws by
temporary and changing majorities;;
and that ut lays the ak at the foot OF
the tree Of well-ordered freedom. and
subjects the guarantees Of life, lib
erty and property without remedy to
the fitful impulse OF temporary ma
jority Of an electorate"
This criticism is really less criti-
cism of my proposal than a criticism
of all popular government. 1t is
wholly unfounded, unless it is found
ed on the belief that the people are
fundamentally untrustworthy. II the
Supreme courts definition Of due
process in relation to the police pow
er is sound. then an act OF the legis-
lature to promote the collective In
terests of the community must be
valid, II 1t embodies policy held by
the prevailing morality or a prepon-
derant opinion to be necessary to the
public welfare. This is the question
that I propose to submit to the peo-
pie. How can the prevailing morality
or a preponderant opinion be better
and more exactly escertained than by
vote of the people? The people
must know better than the court
what their cwn morality and their
own opinion s
The object have in view could
probably be accomplished by an
amendment of the state constitutions
taking away from the courts the
power to review the legislatures de-
termination OF policy OF social Jus
tice, by defining due process Of law
in accordance with the views ex-
pressed by Justice Holmes for the
Supreme court. But my proposal
seems to me more democratic and. |
may add, less radical. For under the
method suggest the people may sus-
tain the court as against the legisla-
ture, whereas. II due process were de-
fined in the Constitution. the decision
of the legislature would be final.
Mr.. Taft's position is the position
that has been held from the begin
ming Of our government although not
always so openly held, by large
number Of reputable and honorable
men who, down at bottom, distru.t
popular government. snd, when they
must accept it. accept it with reluc-
lance, and hedge it around with every
species of restriction and check and
balance, so as to make the power Of
the people Us limited and as insffec-
tive as possible. Mr.. Taft fairly de-
fines the issue when lie says that our
government is and should be a gov.
eminent of all the people by a rep
resentative part Of the people. This
Is an excellent and moderate descrip-
ton of an oligarchy. 1t defines our
government as a government of all OF
the people by few OF the people.
Mr.. Taft. in his able speech, has made
what is probably the best possible
presentation of the case for those
who feel in this manner Essentially
this view differs only in it's expression
from the view markedly set forth by
one Of his supporters. Congressman
Campbell. Congressman Campbell. in
public speech in New Hampshire,
in opposing the proposition to give
the people real and effective control
over all their servants. including the
judges, stated that this was equiva-
lent to allowing an appeal from the
umpire to the bleachers. Doubtless
Congressman Campbell was not him.
self aware Of the cynical truthfulness
with which he was putting the real
attitude of those for whom he spoke.
But 1t unquestionably is their real
attitude. Mr.. Campbell's conception
Of the part the American people
should play in elf-government is that
they should sit on the bleachers and
pay the price of admission, but should
have nothing to say as to the contest
which is waged in the arena by the
professional politicians. AZ
am not speaking jokingly, nor do
mean to be unkind; for repeat that
haany honorable and. well-meanin9
men of high character take this view,
and have taken It from the time Of
the formation Of the nation. Essen
TALLY this view is that the Constitu
ton is strait-jacket to be used for
- a.