Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-03-07

of the people which has law and or
der as its twin handmaideus He res-
pect.d the Judges. but he regarded
them as tho servants and not the
masters Of the people and De beliey-
ed that thp people had the right to
decide for themselves the great fund
amcuml questions of public policy,
upon the proper solution of which IL
depends whether there shall or shall
not Doe true social justice in the land.
Therefore. wc hold that, as regards
these questions of public policy,
courts, like executives and lcgisla-
lures, must bow to the sober and
well-though,-out judgment Of the
people.
\ Let me repeat once more, what
have SO often said-that l am not
now speaking Of ordinary cases Of
Justice between man and man, such
as must Doe decided 10y judges here in
America as they are decided by
| judges in an other lands. / shall
speak OF these cases in some sub
scquent articles. in which / shall ask
the people soberly TO consider such
facts as those set forth 10y Mr., G, p.
Connolly in his recent articles In "Ey-
oryhodys Magazine In this article
/ speak purely Of the kind of deci-
sion which only American courts are
entitled 10 makc-the kind of decision
which uo Judge in our ucighbor Can
ada, In Australia, in England, In Ger
many. or IN France has the right to
make. or would for one moment be
permitted to make. Nor at the mo-
mcnt. ann ] treating of the action OF
the National courts, because the
Federal form OF our government
makes it more difficult to propose
a working remedy in the case Of the
Nation than IN the cases Of the sew
eral states. l am speaking Of the
action OF the court Of state when II
declares that law passed in the col
lectiye interest OF the whole copmu-
nifty is unconstitutional; and | have
especially In view the laws affecting
D
staudpoiut-th laws affecting the
terms and conditions Of life and cm-
ploymeut among the wage-workers.
! ! am not primarily concerned
with methods; my aim is to secure the
| right of the people TO decide for
| themselves, according to the princi-
I pies Of common sense and Justice
what the public policy shall be In
these matters l am concerned with
/ the end. not the means. II in any
state the constitution so clearly de-
fined the power Of the legislature to
act for the general welfare as to pro-
hlhu the courts from nullifying any
/ law that is consonant with morality
and public policy as understood 10y O
majority OF he people; and il in ac'
! tual practice the courts respected
such constitutional prohibition, ther
there would be no need for what
propose: because in such cases ther,
would be full recognition OF the alb
solutc right of the people to dccid,
the policy of their representatives
legislative and judicial in these mat
tcrs and this is all for which l con
tend.
But in actual practice know ne
state where such conditions prevail
they certainly do not prevail in the
state OF New York Therefore | hole
that provision should be made in tn,
constitutions Of the several stato'
which. In the event of "a clash between
the legislature and the court rs @,
the consttutionauty OF such leglsla.
tlon as ] have spoken of should per.
nit the people themselves 90 decid,
what the true Interpretation of tn,
constitution u.s. am not concerned
with tcrm.nWogy Whether this Il
called a referendum to the people OF
whether it is allcd a shorter aut
|amplor way " amending the cons,i.
tuition. 60 my mind matters nothing
The essential thing is to get the pow-
er for the people.
II is not merely untruthful but sill.
~ 90 say that such process would
leave us "at the mercy OF the mob
Such "a process as l advocate would
take at the very least two years time
II in two years the people cannot
come 20 a sober and deliberate iudg.
ment then it is Impossible hat they
should ever become so. II they have
not tho character and the intelll.
gence 10 enable them. after tW years
l A.