The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-09
President Taft Answers ROOse-
veIt's Columbus Speech
In an Address Before an I'm
mense Audience at Toledo.
GREETED BY WAVING FLAGS
And Prolonged Cheering on the
Part of Thousands.
Recall of Judges He Declares to
Be ReactiOnary.

Toledo, O., March s.-SpeakinE to
an audience that filled to overflowing
the Toledo coliseum. designed TO hold
$500 people, President Taft declared
his opposition to the recall of judges
and to the recall of judicial decisions.
1t was the first set speech of the
presidents trip to Ohio and Illinois
and Ohio politicians and citiznes lis
tened with apparent interest to a
speech that had been heralded from
Washington as an answer to that
which Colonel Roosevelt made in Col
umbus a few weeks ago.
Practically every person in the au-
dience carried an American flag. and
when the president reached his per-
grafton against the recall of judicial
decisions the flags sprang into action
and the crowd app1auded and cheered
with enthusiasm. Mr.. Tafts declara-
tion that tho recall of decisions was
without merit, reactionary instead of
progressive, revolutionary and un-
stable, met with almost instant ap-
proval. He was compelled to walt
for nearly a minute while the au-
dience expressed it's pleasure with
his views.
President Taft's appearance at the
coliseum was attended by prolonged
cheering and waving of myriadS of
small flags held by the seatholders-
Crowds of people were turned away
because of the lack of seats. Presi-
dent Taft declared the proposal, re-
Gently advocated, for the recall of 1u-
dicial decisions by the vote of the
people to be utterly without merit or
utility. and, instead of being progress
sive. is reactionary."
The president made no direct refer
ence to former President Theodore
Roosevelt nor to the latter's speech at
Columbus before the Ohio constitu-
tional convention, but referred freely
to many of the policies put forward
by the colonel in that address. Presi-
dent Taft said in part:
"In the last year or two we have
heard much of radical methods OF
changing the judiciary system it we
would properly consider these propos-
ais and stand on solid and safe ground
we must re-exam1ne the fundam entail
principles of stable popular govern
ment. The history of the world seems
to show that our form of government
is more enduring and satisfactory
than any other.
Constitutional Checks.
"It was long ago recognized that
the direct action OF temporary ma
jority of the existing electorate must
be limited by fundamental law; that
is, by a constitution intended to pro
tect the individual and the minority
of the electorate ana ll0 nOA-NOAAnk
majority of the people against the un-
lust or arbitrary action of the major
ity of the electorate.
Then to protect against the none
tary impulse of a temporary majority
Of the electorate to change the funda-
mental law and deprive the individual
or the voting minority or the nonvoting
ma ajority of inalienable rights, the con-
stitution provided checks and balances
every amendment to the con-
efff he adnntpd.
''These checks and balances include
the division of the government into
three Independent branches-the leg1s-
lative, executive and the judiciary-and
the provisions by which usurpation by
one of the functions of another is for
hidden.
'"rhe judiciary, whether appointed or
elected the moment they assume their
duties must enforce the law they
find it. They must not only interpret
and enforce valid enactments Of the
legislature according to its intention,
but when the legislature in its enact
nents has transgressed the limitations
set upon it's power in the constitution
the judicial branch of the government
must enforce the fundamental and
higher law by annulling and declaring
Invalid the offending legislative enact
nent Then the judges are to decide
individuals on principles of
light and justice. As between the indi-
yidual and the state, as between the
majority and the minority as between
he powerful and the weak, financially.
politically, courts must hold
In even hand and give judgment with
,ut fear or favor.
1t Might BE Improved.
"I concede that the system is not per-
ect or as good as it can and ought TO
,e made. have been preaching for re-
orm, especially in the enforcement Of
he criminal law, for years. The de-
ects in our judiciary have not been in
he corruption Of the judges but main
y in the procedure and in the helpless
less Of judges in jury cases to assist in
eaching right conclusions. The popu-
ar impulse has been to take away the
lower from the judge and give It all to
he jury. and this has not been for
he public good in the enforcement OF
he criminal law.
But these huJndrum defects and
heir tedious remedies are not Of the
pectacular character to call for politi-
al discussion or to attract effort from
oliticians I'm the passage of remedial
sgislation.
THE formidable attack upon our ju-
iciary now is that the judges do not
espond sufficiently TO popular opinion
t is said that courts are interposinR
heir obstructive power to the enforce
lent of legislation looking to the re-
eff of the oppressed by declaring laws
unconstitutional and by so called Judi
ial legislation in interpreting into
tatutes words not intended by the leg
stature.
How is it proposed to remedy these
rongs? In one of two ways. either
v the judicial recall or by the recall
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