Judith Gap journal. [volume] (Judith Gap, Mont.) 1908-19??, 1912-03-29

ming Of cur government, although not
alwGy6 - openly held. BY . large
number Of reputable and honorable
men. who. down At the bottom, dis
trust popular government and when
they must accept it, accept it with re-
luctance ana hedge around IL with
every species Of restriction and check
and balance 80 a. to make the power
Of the people a. limited and 40 inef-
fective as possible. Mr. Taft defines
the issue when he says that out gov
eminent IL and should be = govern.
ment Of oil the people by q reputable
part Of the people. This fs an excel
lent and moderate description Of an
oligarchy. 1t defines our government
% government Of all the people BY
. few OF the people.
! am not speaking jokingly nor DO
mean to be unkind. for l repeat that
many honorable and we'll meaning
men Of high character take this view
and have taken It from the time Of
thu formation Of the nation. Essential
~ this view 10 that the constitution 10
straightjacket to b used for the
control Of A. unruiy patient--the PEG
pie. Now. hold that this view 10 not
only false. but mischisvious; that our
constitutions are instruments designed
% secure justice BY securing the de-
liberats but effective expression Of
the popular will. that the checks and
balances are valuable ~ far and only
% far ~ they accomplish that de-
liberation and that II 10 . warped anA
unworthy and improper construction
Of our form Of government to see in 1t
only . means Of thwartin9 the popu-
lar Will and Of preventing justice. Mr..
Taft says that every class" should
have voice" in the government.
That seems to mo . very serious mis-.
conception Of tho American political
situation. The real trouble with ~
IL that aoms classes have had too
much voice. One Of the most impor.
tant Of all tho lessons to b taught and
to be learned 10 that . man should
vote not az . representative Of q class
bnt merely ~ . good citizen whose
prime interests ere the same - those
Of all other good citizens.
Taft's "D,ses,ies il the People"
NJ, TAFT again and again, in quota.
tations ] have given and elsewhere
through his speech. expresses his dis
belief In the people when they vote
ct the polls. In one sentence he says
that the proposition gives powerful a.
feet to the momentary impulse OF .
majority Of N electorate and prepares
the way for the positive exercise OF
grossest tyranny. Elsewhere he speaks
Of the "feverish uncertainty" ana "un.
! stable determination" o1 laws by
Temporary and changing majorities,"
and again he says that the system l
propose would result In suspension
o. application Of constitutional suaran-
tees according 10 popular whim."
which would destroy "ali possible con-
ststency" In constitutional interpreta-
ton. l should much like to know tho
exact distinction that IL to be made
between what Mr. Taft calls the f1tful
impulse Of . temporary majority"
when applied to question such ~
that raise and any other question.
Remember that under my proposal to
review . rule or decision by popular
vote. amending or constructing to that
extent tho constitution. would certain
ly take at least two years from tho
time OF the election Of the Legislature
which passed the act Now. only four
months elapse between the nomination
and the election Of maa ~ president
to ill four years the most important
once tn the land. n one Of Mr.. Taft's
speeches he speaks OF the voice Of
tho people ~ coming next to the voice
Of Cod" Apparently. then. the d.
cision Of the people about the presi-
dency. after four more years delibsra-
ton. 10 to be treated a. next to the
voice Of 0od." but II after two years
OF sober thought they decide that
women and children shall b protect
ed In industry. or men protected from
excessive hours OF labor under unhy-
genie conditions. or wage workers COM
pensated when they lose life or limb
in the service of others. then their de-
cision forthwith becomes a "whim"
and feverish "and unstable" and an ex-
erctse OF the grossest tyranny" and
the laying Of the axe at the foot Of
the tree Of freedom"
This is the old. old doctrine, which
! has been acted upon for thousands Of
years abroad and which here in Amer
lea has been acted upon sometimes
openly. sometimes secretly, for forty
| years by many men in public and in
private life, and l am sorry to say
| by many judges: a doctrine which has
In fact tended to create bulwark for
privileges. a bulwark unjustly protect
ing spltnts against the rights of the
people as q whole. This doctrine il
to me dreadful doctrine. for ito ef.
feet ia. and can only be. to make the
courts the shield Of privilege against
popular rights. Naturally. every up.
holder and beneficiary Of crooked
privilege loudly applauds the doctrine.
1t is behind the shield Of that doctrine
that crooked clauses creep into laws