The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1912-03-22

posure of the inutility and folly OF
Mr.. Roosevelt's doctrine of the recall
of judicial decisions. We quote few
passages from the Toledo speech:
"What this recall of decisions will
amount to if applied to constitutional
questions is that there will be sus-
pension of the Constitution to enable
a. popular but invalid act"
"A most serious objection to the re-
call of decisions is that it destroys
all probability of consistency in con-
stitutional Interpretation. The MAORI
ty which sustains one law is not the
same majority which comes to con-
slider another, and the obligation Of
consistency of popular decisions is one
which would sit most lightly on each
recurring electorate, and the operation
of the system would result in the sus-
pension or application of constitution
al guarantees according to popular
whim. We would then have system
of suspending the Constitution to meet
special cases. The greatest of all des-
potisms is government of special
instances
Can it be that the power of a tenn
porary majority of the electorate by
single popular vote to do away with
rights secured to individuals which
have been inviolable for seven hundred
years since the days of Magma Charta
approves itself to those who love lib
erty and who hold dear its sacred
guarantees? Would we not in giving
such a powerful effect to the momen-
tary impulse of majority of an cleo
torate prepare the way for the posi-
BILE exercise of the grossest tyrrany"
Finally, l ask what is the necessity
for such crude, revolutionary, fitful
and unstable way of reversing judicial
construction? Why, if the construc
ton is wrong, can it not be righted by
a constitutional amendment? |
have examined this proposed method
of reversing judicial decisions on con-
stitutional questions with care. l do
not hesitate to say that it lays the axe
at the foot of the tree of we'll ordered
freedom and subjects the guarantees
of life, liberty and property, without
remedy, to the ftful impulse of tenn
porary majority of an electorate"
Contrast this sort of belief in the
rule of the people through the we'll
ordered agencies of organic law with
the ideas of law VIGOROUSLY entertain
ed by the third term candidate in all
cases where the results of orderly
procedure fail to coincide with his
personal opinions, or fail to crafty
his personal pride of opinion, or to
suit his political or personal interests
at the moment. We might multiply
to hundreds or thousands our illustra-
tons of Mr.. Roosevelt's attitude
toward the principle which Mr.. Taft
holds sacred-the principle of govern
ment by permanent law, not subject
to change in a special case by the mo-
mentary impulse of temporary ma
jority Is it necessary to show that
when Mr.. Roosevelt declaims in favor
of the "rule of the people" he means
the rule of the people who are favora-
bly, inclind toward his own view of
any special matter? Is it necessary to
remind anybody that when Mr.. Roose-
vent puts right" above claw" he really
means right" as ascertained by him
self; and that in the final analysis and
in the subliminal depths of his mind
the personal decision and the moral
sanction are continually, if uncon-
sciously, confused? 1t was he, pres
ident of the United States sworn to
execute faithfully the duties of his Of
fee, who thus boosted in letter writ
ten in January, 1908, to Melville Da- /,
visson Post, Of his incapacity to I'M
derstand that which Mr.. Taft sees so
clearly:
"You may be amused to know my
experience in connection with the de-
cision of the United States Supreme
Court that Confederate notes were not
while Knox was attorney general
there came before me the cases of two
criminals who had passed these notes.
/ he lower court held that the notes
we're counterfeit and both men were
One of the men took an
appeal and the other did not
after some time the superior court
declared that the Confederate notes
we're not counterfeit and therefore the
nan was released.
Knox therefore brought around to
ne personal order for the release of
he other. This promptly refused to
ssue, and Knox and then had an ar
,ument, he standing for the law and !
or rude and primitive justice.
81 think Knox had the best of the