The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-03-21


X. Newberry. George b. Cortelyou. who
we're members of the Cabinet in Col.
Roosevelt's time: Albert Shaw. Robert
-. Collier, Jacob A. Riis, Clifford and Amos
Pinchot. Karl v ). Rowland, Rabbi
stephen =. Wise Hamilton Holt, editor
of the Independent and Charles Dana
Gibson.
In the list OF boxholders were Mrs.
Roosevelt, Mr.. and Mrs. Douglas Robin
son, Elon Huntington Hooker. Lawrence
Abbott, W. B. Rowland. Mrs Russell Sage,
Miss Helen Gould. Melville EStone, George
". Perkins. Frank A. Munsey, Jacob II.
SchifY. James b Reynolds. Miss Clara =.
Spence. Henry l.. Stoddard and Jokichni
Takamine. Here is large part Of the
Colonels speech:
The speech In Part.
The great fundamental issue now be-
fore the Republican party and before our
people can be stated briefly. 1t Is. Are
the American people 1T to govern them
selves. to rule themselves, to control them
selves7 believe they are. My OPP
ponents do not. believe In the right OF
the people to rule. 1 believe that the
majority OF the plain people of the United
states will. day In and day out, make
fewer mistakes In governing themselves
than any smaller class or body OF men.
no matter what their training. will make
III trying to govern them.
i have scant patience with this talk OF
the tyranny of the majority. Whenever
there is tyranny OF the majority | shall
protest against 1t with all my heart and
soul But We are to-day suffering from
the tyranny of minorities. 1t Is a small
minority that is gra bbing our coal de-
ros!ts, our water powers. and our harbor
fronts.
: small minority Is battening on the
sale OF adulterated foods and drugs. II
is 4 small minority that lies behind
nonopolies and trusts. IT Is a small min
ority that stands behind the present law of
rna1ter and servant, the sweat shops and
the whole calendar OF social and industrial
injustice. II is small minoritS that Is
to-day using our convention system to
defeat the will Of A majority OF the people
In the choice OF delegates TO the chicago
convention. The only tyrannies from
which men, women and children are SUI
fering in real life are the tyrannies of
mnoriti,s.
Defends n Recall q Decisions.
My opponents charge that two things in
my programme are wrong because they
tntTude into the sanctuary " the judi
ciaiy. The first Is the recall of Judges,
and the second tn. review by the people
OF judicial decisions on certain Constl-
trtional questions | have said again
ami again that | do not advocate the
recall OF judges in all States and In all
communities. In my own State l do not
adv ocate it or believe II to be needed
for in this State our trouble lies not
with corruption on the bench but with
the effort DS the honest " % hea "a deh
judges tn thwart the people In their strug-
sle for social justice and fair dealing.
The integrity OF our judges from Mar
shall to White and Holmes-and to Gull
len and many others in our own State
10 n fine page OF American history. But
II say II soberly--democracy has a right
to approach the sanctuary of the courts
when a special interest has corruptly
found sanctuary there : and this Is exactly
what has happened IN some OF the States
where the recall of the judges Is a living
issue. ! would far more willingly trust
the whole people 10 Judge such case
than some special tribunal-perhsps ap-
pointed by the same power that chose
the judge--if that tribunal is not itself
really responsible to the people and Is
hamperod and clogged by the technicali-
ties Of Impeachment proceedings.
have stated that the courts of the sew
construed the due process clause OF
the State constitutions as II II prohibited
the whole people OF the State from adopt
Ing methods of regulating the use OF prop
erty so that human life. particularly the
lives OF workmen, shall be safer. freer
and happier. No one can successfully i'm
peach this statement. } have insisted that
the true construction of due process is
that pronounced by Justice Holmes in
Aals he ,f,,f.A
Supreme Court of the United States.
when he said:
THE police power extends to all the
great public needs. 1t may be put forth
In aid Of what is sanctioned by usage. or
held by the prevailing morality or strong
and preponderant opinion to be greatly
and Immediately necessary to the public
welfare"
Il insist that the decision Of the New
York Court OF Appeals in the Ives ease,
which set aside the will OF the majority
Of the people as TO the compensation of
Injured workmen in dangerous trades. was
Intolerah'e and based on a wrong rol''i-
cal philosophy. urge that In sr:h
cases wh.,. the courts coos.rue the due
process clause as II property rights, To
the exclusion of human rights, mad
first mortgage on the Constitution, IN"
people may. after sober deliberation, vote,
and finally determine whether the law
which the court set aside shall be valid ar
not
His Proposal Defined.
So that no man may understand me.
let me recapitulate:
/. | am not proposing anything in con-
nection with the Supreme Court Of the
nited States. or with the Federal Con-
stitution.
q am not proposing anything having
any connection with ordinary suits. civil
or criminal, as between individual.
s. am not speaking Of the recall OF
Judges.
I. I am proposing merely that IN a
certain class Of cases involving the police
power, when q State court has set aside
A. unconstitutional a law passed by the
Legislature for the general welfare the
question Of the validity OF the law
which should depend, as Justice Holmes
90 we'll phrases II, upon the prevailing
morality or preponde rant oplnion-be sub
mitted for final determination 10 a vote OF
the people. taken after due time for con-
sideration, And contend that the people
Ia the nature OF things. must be better
judges OF what is the preponderant opln-
ION than the courts. and that the courts
should not be allowed TO reverse the
political philosophy Of the people,
The President Of the United States Mr.
Taft. devoted most OF recent speech 10
criticism Of this proposition He says that
II lis utterly without merit or utility, and