Perth Amboy evening news., 1912-03-21

taken AFTER due time for consideration.
And | contend that the people. in the
nature of things. must be better Judges
OF what Is the preponderant opinion
than the courts and that the courts
should not be allowed to reverse the
political philosophy of the people. My
point Is well illustrated by a recent
decision of the supreme court holding
that the court would not take iurisdic-
ton of q case involving the constitu-
tionality Of the initiative and referen-
dun laws Of Oregon.
The president of the United States.
Mr Taft.-devnted most of a recent
speech to criticism Of this proposition
he says that it lis utterly without
merit or utility and instead of being
. in the interest of all the peo-
pie and of the stability of popular gov
eminent is sowing the seeds of confu-
sion and tyranny" (By this he, of
! course. means the tyranny of the ma
jority-that is. the tyranny Of the
American people as a whole.) he also
says that my proposal (Which. as he
rightly sees. is merely a proposal to
give the people a real instead OF only a
nominal chance to construe and amend
a state constitution with reasonable
rapidity) would make such amendment
and Interpretation depend OF the fe-
yerish. sncertain and unstable determi-
nation of Successive votes on different
laws by temporary and changing ma
jorities" and that ut lays the ak at
the root Of the tree of well ordered
freedom and subjects the guarantees Of
life, liberty and property without rem
edy to the 1tful impulse Of a temporary
majority of an electorate"
This criticism il really less a criti.
cism Of my proposal than a criticism Of
all popular government. 1t Is wholly
unfounded unless 1t is founded on the
belief that the people are fundamental
ly untrustworthy. II the supreme
courts definition Of due process in re
lation to the police power is sound.
then an act of the legislature to pro
mote the collective interests of the
community must be valid If it embed
les a policy held by the prevailing mo
| rality or a preponderant opinion to be
necessary to the public welfare. This
is the question that / propose to sub
nit to the people. How can the pre-
vatling morality or a p~reponderant
opinion be better and more exactly as
certained than by a vote of the peoplef
The people must know better than the
court what their own morality and
their own opinion are.
The object | nave in view could prob
ably be accomplished by an amend
ment of the state constitutions taking
away from the courts the power to
review the legislatures determination
of a policy of social justice. by defining
due process of law in accordance with
the views expressed by Justice Holmes
for the supreme court. But my pro
posal seems TO me more democratic
and. | may add. less radical. for I'M
| der the method | suggest the people
may sustain the court as against the
legislature. whereas if due process were
| defined in the constitution the decision
Of the legislature would be final.
Distrust of Popular Government.
Mr.. Taft's position is the position
that has been held from the beginning
of our government although not al
ways SO openly held. by a large mum
Der. of reputable and honorable men
who down at bottom distrust popular
government and. when they must ac
cept it. accept 1t with reluctance and
hedge It around with every species OF
| restriction and check and balance. so
as to make the power of the people AZ
limited and as ineffective as possible
Mr.. Taft fairly defines the issue when
/ he a that our government Is and
| should be q government OF all the PEG
Pile by a representative part of the PEG
pie. This is an excellent and moderate
description of a oligarchy 1t defines
our government AZ a government Of all
of the people by a few Of the people
Mr.. Taft In his able speech has made
what Ia probably the best possible
| presentation of the case for those who
feel in this manner. Essentially this
view differs only In its expression from
the view markedly set forth by N OF
his supporters. Congressman Campbell
Congressman Campbell. in a public
speech In New Hampshire. In oppos
ing the proposition to give the people
real and effective control over all their
servants. including the judges. stated
that this was equivalent to allowing an
appeal from the umpire to the bleach
ers. Doubtless Congressman Campbell
was not himself aware of the cynical
truthfulness with which he was put
ting the real attitude of those for whom
he spoke. But 1t unquestionably is
their real attitude. Mr.. Campbell's con
ception of the part the American PEG
Pile should play In self government Is
that they should sit on the b~leaehers
and pay the price Of admission. but
should have nothing to say as to the
contest which ia waged in the arena BY
the professional politicians.
am not speaking jokingly no do !
mean to be unkind. for | repeat that
many honorable and well meaning mel
OF high character take this view and
have taken 1t from the time OF the for
nation of the nation. Essentially this
view is that the constitution is a strait
jacket to be used for the control of an
unruIy patient-the people. Now. /
hold that this view is o only false.
but mischieyous; that our constitutions
are instruments designed to secure JUS