The Barre daily times. (Barre, Vt.) 1897-1959, 1912-03-09
IN ADDRESS AT TOLEDO, O.
While Not Mentioning Roosevelt's Name,
His Utterances Can Be Interpreted as
Direct Reply to the Latter's
Columbus Speech

cies although the president did not refer
to Colonel Roosevelt or his speech, by
word or inference.
Utterly without merit or utility, and
reactionary instead Of progressive; crude
revolutionary, ftful and unstable were
the terms in which the president referred
| to the recall method of reversing Judicial
constructions Of the constitution.
81 have examined this proposed meth
Cd of reversing judicial decisions on con.
stitutional questions with care Presi-
dent Taft said. II do not hesitate to
say that it lays the axe at the foot OF
the tree of wel-ordered freedom and
subjects the guarantees OF life, liberty
and property without remedy to the
fitful impulse of temporary majority
Of an electorate"
The president began with a reference
to the development of representative
government in the United States. The
best government, he said, and that which
was most certain to provide for and
protect the rights of every class, was
that government in which every class
had a voice.
Government by unanimous vote of the
electorate" he said, lis impossible and
therefore the majority Of the electorate
must rule We find that government by
the people is therefore. under our pres
ent system, government by majority
OF one-fourth of those who rights and
happiness are to be affected by the
course and conduct of the government.
This is the nearest to a government by
the whole people we have ever had.
"Women's suffrage will change this,
and it is doubtless coming as soon as
the electorate can be certain that most
women desire il and viii assume its
burden and responsibility.
1T was long ago recognized that direct
action of a temporary majority of the
existing electorate must be limited by
fundamental law; that is. by consti-
tution intended to protect the individual
and the minority of the electorate and
the non-voting majority OF the people
against the unjust or the arbitrary ae-
ton of the majority OF the elector-
ate"
President Taft quoted at length from
Daniel Websters speeches on the neces-
sity Of maintaining checks and balances
in constitution to secure the guaranty
of individual rights and well-ordered lib
erty. and then led up to his discussion
of the judiciary.
sit is a complete misunderstanding OF
our form of government the president
said, "or any kind of government that
exalts Justice and righteousness, to as
sumo that Judges are bound to follow
the will OF majority OF an electorate
in respect of the issue for their deci-
sion"
The judiciary, he said, was not repre-
sentative in the sense that the executive
and the legislators were. whether judges
be appointed or elected. because they
must enforce the law as they found it.
"ln many cases before the judges that
temporary majority is a real party to
the controversy to be decided" the pres
ident continued at may be seeking to
deprive an individual or a minority of Il
right secured by the fundamental law
In such case. if the judges were mere
representatives or agents OF the majority
TO carry ont its will, they would lose
their judicial character entirely, and the
so-called administration of justice would
be farce"
At this point the president repeated
his former declarations that the judicial
system was not as perfect as il might
be made and called attention to his
speeches and messages to Congress uTg-
ing reform in procedure. He spoke of
delays and the costs of litigation
But these humdrum defects and .their
tedious remedies" he declared, "are not
of the spectacular character to call for
political discussion or to attract effort
from politicians in the passage of remedi-
al legislation. The formidable attack
upon our judiciary now is that Judges
do not respect sufficiently to popular
opinion. 1t is said that courts are inter
posing their obstructive power TO the
enforcement of legislation looking to the
relief of the oppressed by declaring laws
unconstitutional and by so-called judicial
legislation in interpreting into statutes
words not intended by the legislature"
Such charges if reduced to specific in
stances, the president thought could be
shown to be unfounded for the most part,
but for the purposes of his discussion he
might admit that courts had erred in
that regard had unduly broadened the
restrictions to invahdate
useful statutes or had given to statutes
a wrong construction.
The president then took mp the pro-
posed remedies, first the recall Of Judges
and later the recall of judicial decisions
Than the recall of judges, he declared,
there could not be system better adapt
ed to deprive the Judiciary OF that in
dependence without which the liberty
and other rights of the individual cannot !
be maintained against the government
and the majority
If the impeachment were too cumber- |
some proceeding TO apply to corrupt |
Judges, he proposed a tribunal for the
removal of Judges for cause.
Of the recall of judicial decision, Pres
dent Taft said in part;
This is a remarkable suggestion and |
enc which is so contrary to anything |
N government heretofore proposed that |
L is hard to give TO it the serious con-
'ideration which it deserves because of I
is advocates and of the conditions I'M
Ter which it is advanced.
"W'hat this recall of decisions win |
mount to if applied to constitutional
questions is that there viii be a suspen-
lion of the constitution TO enable a tenn
,orary majority of the electorate to en-
orce a popular but invalid act" !
President Taft pointed out that the