Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-03-23

the recall of judges in a moment
leave that ~aside-but. as to the other
officers, ] have heard no argument ad-
yanced against the proposition ave
that it will make the public officer
timid and always currying favor with
(, the mob. That argument means that
you can fool ar the people all the time
and is an asowal Of disbelief in democ
racy. If it be %true-aud | believe it is
motif is less important than to stop
those public officers from currying IL
vor with the interests.
Then there IS the direct primary-the
real one, not the New York one-and
that, too, the progressives offer as .
check on the special interests. Most
clearly OF all does It seem to me that
this change is wholly good for every
state. Tie system Of party government
IS not written IN our constitutions, but
1t is none the less a vital and essential
part of our form Of government. In
hat system the party leaders should
serve and carry out the viii Of their
own party. There Is 10 need TO show
how far that theory Is from the facts,
or to rehearse the vulgar thieying part,
nerships of the corporations and the
bosses, or to show how many times the
real government lies In the hands OF
the boss. protected from the commands
and the revenge of the voters by his
puppets in Office and the power of paE-
ronage. The direct primary will give
the voters a method eve ready TO use
by which the party leader shall be
made to obey their command. The a.
rect primary. II accompanied by a
stringent corrupt practices act. will
help break up the corrupt partnership
OF corporations and politicians.
Recall Of Judges.
My opponents charge that two things
In my program are wrong because they
intrude into the sanctuary of the judi
ciary. The first is the recall Of judges
and the second the review by the peo-
pie of judicial decisions on certain con
stitutional questions. | have said again
and again that | do not advocate the
recall Of judges in all states and in all
communities. The integrity Of our
judges from Marshall to White and
Holmes-and to Cullen and many 9th
ers in our own state-is a fine page of
American history. Butt say Ii sober
ly-democracy has the right to APP
proach the sanctuary of the courts
when n special interest has corruptly
found sanctuary there.
| have stated that the courts of the
several statesmen always, but often
have construed the due process"
clause Of the state constitutions as If
1t prohibited the whole people of the
state from adopting methods of regu-
lating the use of property so that hu
man life. particularly the lives of the
w~orkingmen, shall be safer, freer and
happier. No one can successfully i'm
peach this statement. | have insisted
that the true construction of due proc
ess" is that pronounced by Justice
Holmes in delivering the unanimous
opinion of the 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 mo
rality or strong and preponderant opin-
ion to be greatly and Immediately
necessary to the public welfare"
/ insist that the decision of the New
York court Of appeals in the Ives case.
which set aside the will of the ma
jority of the people as to the compen-
sation of injured wOrkmen In danger
Gus trades. was intOlerable and based
on a wrong political philosophy. | urge
that In such cases where the courts
construe the due process clause as if
property rights, to the exclusion of
human rights. had a first mortgage Oh
the constitution. the people may, after
sober deliberatiOn. vote and finally de
termine whether the law which the
court set aside shall be valid or not.
BY this method can be clearly and final
~ ascertained the preponderant opin-
ion of the people which Justice Holmes
makes the test OF due process in the
case OF laws enacted In the exercise
OF the police power. The ordinary
methods now in vogue OF amending
the constitution have in actual practice
proved wholly inadequate to secure
justice in such cases with reasonable
speed and cause intolerable delay and
injustice. and those who stand against
the changes l propose are champions
OF wrong and injustice and of tyran-
ny by the wealthy and the strong over
the weak and the helpless.
Limitations of tho Recall.
So that no man may misunderstood
me. let me recapitulate;
First am not proposing anything
in connection with the supreme cou
Of the United States or with the fed
eral constitution.
Second am not proposing anything
having any connection with ordinary
suits. civil or criminal. as between in
1ividuals.
Third am not speaking of the re-