Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-03-23

sdue process clause a~gain-as in the
workmen's compensation act, as in the
tenement house cigar factory case-in
all these and many other cases we have
been denied by small minorities, by a
few worthy men Of wrong political phi
losophy on the bench, the right to pro-
tect our people in their lives, their lib
erty and their pursuit Of happiness. AS
for consistency"-why the record OF
the courts in such a cast as the income
tax, for instance. is so full of incon-
s~istencies as to make the fear express
ed of Inconsistency IN the part of
the people seem childish.
Well meaning, short sighted persons
hove held up their hands in horror OF
my proposal to allow the people them
selves to. construe the constitution
which they themselves made. Yet this
Is precisely what the Association of the
Bar of the City Of New York proposed
to do In the concurrent resolution
which was introduced at their request
into our legislature on Jan. 1G last pro
posing to amend the state constitution
by a section reading as follows: Moth
ing contained In this constitution shall
be construed to limit the powers of the
legislature to enact laws such as the
workmen's compensation act. In other
words, the New York Bar association
is proposing to appeal TO the people to
construe the constitution In such q
way as will directly reverse the court.
They are proposing to appeal from the
highest court Of the state to the people.
That is just what / propose to do.
The Columbus Speech.
Remember, | am not discussing the
recall of judges, although l wish 1t
distinctly understood that the recall Is
u mere piece of machinery to tax the
place of the unworkable Impeachment
which Mr.. Taft in effect defends and
that if the days of Maynard ever come
back again in the state of New York
/ should favor it. | have no wish to
come to it. but our opponents, when
they object to all efforts to secure real
justice from the courts, are strength
ening the hands of those who demand
the recall.
l stand on the Columbus speech. The
principles there asserted are not new.
but l believe that they are necessary
to the maintenance Of free democratic
government. The part of my speech in
which / advocated the right of the
people to be the final arbiters Of what
Is due process Of law in the case of
statutes enacted for the general wei
fare will ultimately, / am confident, be
recognized as giving strength and sup
port to the courts instead of being rev.
dictionary and subversive. The courts
today owe the country no greater or
clearer duty than to keep their hands
off such statutes when they have any
reasonably permissible relation to the
public good.
My remedy is not the result OF a
library study of constitutional law, but
of actual and long continued expert
ence in the use of governmental power
to redress social and industrial evils.
Again and again earnest workers for
social justice have said to me that the
most serious obstacles that they have
encountered during the many years
that they have been trying to save
American women and children from
destruction in American industry have
been the courts. That is the judg
ment of almost all the social workers
I know and Of dozens of parish priests
and clergymen and of every executive
and legislator who has been seriously
attempting to use government as an
agency for social and industrial better
ment. What is the result OF this sys-
tenn of judicial notification? 1t was
accurately stated by the court Of APP
peals OF New York in the employers
liability case. where ii was calmly
and j~udicially declared that the people
under our republican government are
less free TO correct the evils that OPP
press them than are the people OF the
monarchies Of Europe. To any man
with vision. to any man with broad
and real social ~sympathies. to any man
who believes with all his heart in this
great democratic republic of ours. such
q condition Is intolerable. 1t is not
government by the people, but mere
sham government, in which the will of
the people is defeated. l regard 1t as
monstrous that a bench OF judges shall
then say to the people, you must begin
all over again. First amend your CON
stitution (which will take four yearsl;
second, secure the passage of a new
law (which will take two years morel;
third, carry that new law over the
weary course Of litigation (which will
take no human being knows how longl;
fourth, submit the whole matter over
again to the very same judges who
have rendered the decision to which
you object. Then. If your patience holds
out and you finally prevail, the will of
the majority of the people may have
It's way" Such a system is not popular
government. but a mere mockery of
popular government. 1t Is a system
framed to maintain and perpetuate So
cial injustice. and it can be defended
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