Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-21

subject only to action by the Supreme
Court OF the United States"
frankly disbelieve in our entire American
system Of government for, by and or the
people, violently antagonist this proposal
They believe, and sometimes assert. that
popular government. and that 1t is neces-
sary to keep the Judiciary independent
Of the majority or Of all the people !;
that there must BE- no appeal to the pe0-
pie from the decision Of the court IN any
case, and that therefore the Judges are
to be established as sovereign rulers over
the people.
People Fit for Self-Government.
II take absolute issue with all those
who hold such a position regard 1t as
g. complete negation Of our whole system
Of government; and II it became the
dominant position in this country 1t
would mean the absolute upsetting OF
both the rights and the rule Of the people.
ID the American people are not fit for
popular government. and II they should
tiers Of the men whom they themselves
put in Office, then Lincoln's work was
wasted and the whole system Of govern
ment upon which this great democratic
republic rests is . failure; l believe, on
the contrary. with all my heart. that the
American people are fit for complete self
government. and that. in spite Of all our
failings and shortcomings, We of this re-
public have more nearly realized than
any other people on earth the ideal OF
justice attained through genuine popular
rule.
''The position which these eminent law
yers take and applaud is of necessity
condemnation Of Lincoln's whole life; for
his great public career began, and was
throughout conditioned by. his insistence.
in the bred Scott case, upon the fact
that the american people were the mas
tiers and not the servants Of even the
highest court in the land and were there
by the final interpreters of the Constitu-
ton. If 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
people. The only tenable excuse for such
a position Is the frank avowal that the
people lack sufficient Intelligence and
morality to be fit to govern themselves.
In other words. those who take this po-
sition hold that the people have enough
tuition, but not enough intelligence to
apply and interpret the Constitution
which they have themselves made Those
who take this position hold that the
to whom they delegate certain powers.
but not competent to hold these officials
responsible for the way they exercise
these powers. Now the power to interpret
Is tAc power 10 oSCdDIlSHs dIlQ IL peO-
pie are not to be allowed finally to inter-
pref the fundamental law, ours Is not a
popular government. The true view Is
that legislators and judges alike are the
servants of the people, who have been
created by the people just as the people
have created the Constitution; and they
hold only such power as the people have
for the time being delegated to them. If
these two sets Of public servants disagree
as to the amounts Of power respectively
delegated to them by the people under
the Constitution. and il the case is Of
sufficient importance, then, as a matter
Of course it should be the right Of the
people themselves to decide between them.
IF 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 peo-
pie. In other words. those who take this
position hold that the people have
enough intelligence to frame and adopt
a constitution, but not enough intelli-
gence to apply and interpret the constitu-
ton which they have themselves made
Now the power to interpret is the
power to establish, and if the people are
not to be allowed finally to interpret the
fundamental law, ours is not a popular
government.