Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-24

DAILY CART
ana degrading to make a fetish % i.
'uuse OF OF any one else.
Apranam Lincoln said in his frs,
,nausural: IF the policy Of the gov.
eInment upon vital questions affacf,no
IN she whole people is to be irrevocah SsII his,
liAed by decisions of the srnraD,s
eourt' the people will have ceased
~ oe 'neir own rulers, having TO that
eAteht practically resigned their Cow ,,'
elhment into the hands of that an,
,ii nenC tribunal. Nor is there in this
view any assault upon the conr,s 'D,s -,
sne judges" Lincoln actually annlied
AZ SUCCESSFUL fashion the princinle If
Ine recall in the bred Scott case Ha I.
denounced the supreme court for tbot
UBIQUITOUS decision in language much
stronger than have ever nsed IN . crit
,olslIg ,g any court, and appealed TO the
people 10 recall the decision-tbe word
recall in this connection was NOT
tneh known, but the phrash evactIv
IL
describes what de advocated He was
successful, S,l3 the people took his view.
anu anu Ihe decision was practically re-
oatieu. o IL became dead letter with
ouI the need of any constitutional
amendment. In any contest todsv
Where the people stand for iustice and
ene courts do not, the man who sun
pofts the courts against the peonle is
untrue to the memory of Lincoln and
SHOWS that he is the spiritual heir NOT
OF tne men who followed and sunnort-
ca Lincoln, but of the Cotton Whins
VINO supported Chief Justice Taney and
denounced Lincoln for attacking the
courts and the constitution.
Under our federal system tbe rom,
edy for wrong such as Abraham
Lincoln described is difficult. Bnt the
remedy is not difficult in a state What
tne supreme court of the nation de-
cldes to be law binds both the national
ana the state courts and all the people
Wltnln the boundaries of the nation
But the decision of a state court ON a
constitutional question should he sinh
Iect to revision by the people of the
state Again and again in the past
justice has been scandalously oh
sstructed by state courts declaring state
laws in conflict with the federal con-
stltution, although the supreme court
OF the nation had never so decided or
had even decided in contrary sense
When the supreme court of the state
declares a given statute unconstitn-
tlonal, because in conflict with the
state or the national constitution. its
opinion should be subject to revision
by the people themselves. Such an
opinion ought always to be treated
with great respect by the people, and
unquestionably in the majority of
cases would be accepted and followed
by them. But actual experience has
shown the vital need of the people re-
serving to themselves the right to pass
upon such opinion. If any consider
able number of the people feel that
the decision is in defiance of justice,
they should be given the right by petit
tion to bring before the voters at some
subsequent election, special or other
wise, as might be decided, and after
the fullest opportunity for delibera-
tion and debate, the question whether
or not the judges Interpretation of the
constitution is to be sustained. II it
is sustained, well and good. II not,
then the popular verdict is to be ac-
cepted as final, the decision is to be
treated as reversed, and the construc-
tion of the constitution definitely de-
cided-subiect only to action by the
supreme court Of the United States.
Many eminent lawyers who more or
less frankly disbelieve in our entire
American system of government for
by, and of the people, violently antag-
onize this proposal. They believe, and
sometimes assert, that the American
people are not fitted for popular gov
ernment, and that 1t Is necessary to
keep the judiciary independent of the
majority or of all the people,: that
there must be no appeal to the people
from the decision Of court in any
case; and that therefore the judges are
to be established as sovereign rulers
over the people. | take absolute issue
with all those who hold such a posi-
tion. regard 1t as a complete mega
tion Of our whole system Of govern
ment; and If it became the dominant
position in this country, II would mean
the absolute upsetting of both the
rights and the rule of the people. II
the American people are not fit for
popular government, and II they should
of right be the servants and not the
masters of the men whom they them
selves put in office, then Lincoln's
work was wasted and the whole sys-
tenn of government upon which this
great democratic republic rests is a
failure. / believe, on the contrary,
with all my heart that the American
people are fit for complete self-gov-
ernment, and that, in spite of all our
failings and shortcomings, we of this
republic have more nearly realized
than any other people on earth the
ideal Of Justice attained through gen
uine popular rule. The position which
these eminent lawyers take and ap'
plaud Is Of necessity condemnation
of Lincoln's whole life; for his great
public career began, and was through
out conditioned by, his inslstence, In
the bred Scott case, upon the fact
that the American people were the
masters and not the servants Of even
the highest court In the land, and were
thereby the final interpreters Of the
constitution II the courts have the
final say-so on all legislative acts, and
if no appeal can lie from them to the
people, then they are the irresponsible
masters of the ptople. The only ten