The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-03-21

| fear expressed OF inconsistency on
the part Of the people seem childish"
He spoke OF the bar associations
| proposed constitutional amendment to
the effect that nothing in the consti-
tuition should be construed to limit
the power OF the Legislature 20 enact
laws, and continued:
They are proposing to appeal from
the highest court of the State to the
people. That is just what I propose to
90; the difference Is only one of method
better results, and will give them more
quickly. The Bar Association by its
action admits that the court was
wrong, and sets to work to change the
announced OF the bred Scott decision
IN his debates with Douglas, Some
Dody has TO reverse that decision, since
is made, and we mean to reverse IT,
ana we mean to do It peaceably.' Was
n atIoDI wrong Was the spirit OF the
natlon that wiped out slavery the fitful
impulse of temporary majority?
How Recall Is Aided.
Remember | am not discussing the
recall of judges-aIthough 1 wish 1:
distinctly understood that the recall Is
mere piece of machinery to take the
place Of the unavoidable impeachment
which Mr.. Taft in effect defends. and
mat II the days of Maynard ever cane
back again In the State of New York
L SHOULD favor II. ] have no wish to
come 10 1t; but our opponents, when
ihey OBJECT to all efforts to secure real
justice from the courts, are strengthen
ing the hands of those who demand the
recall In great many States there
has been for many years a real recall
OF Judges as regards appointments, pro-
motions. appointments. and re-elec-
ions; ard this recall was through the
turn of thumbscrcw at the end of Il
long-diStance rod in the hands of great
interests. ! believe that a just Judge
would feel far safer in the hands OF the
people than in the hands of those in
terests.
II stand on the Columbus speev.N The
principles there asserted are not now, but
believe that they are necessary to the
maintenance of free democratic govern
ment. The part of my speech in which
] advocated the right of the people TO be
the final arbiters of what is due pro-
cess of law In the case of statutes eli
acted for the general welfare will ulti-
mately, am confident, be recognized as
giving strength and support to tho
courts instead of being revolutionary
and subversive
My remedy is not the result of a
library study of constitutional law, but
OF actual and long continued experience
In the use of government power to re-
dress social and industrial evils. Again
and again earnest workers for social
justice have said to me that the most
serious obstacles that they have en-
countered during the many years that
they have been trying TO save American
women and children from destruction in
American industry have been the
courts. That is the judgment OF almost
all the social workers | know, and OF
dozens of parish priests and Clergymen,
and Of every executive and legislator
who has been seriously attempting to
use Government as a agency for So
cial and industrial betterment.
What is the result OF this system
of judicial notification? 1t was ac-
curately stated by the court OF appeals
of New YoTI; in the employers liability
case where it vas calmly and judicially
declared that the people under our re.
publican government are less free to
correct the evils that Cypress them than
Europe.
"A Mere Sham Government"
ITO any man with vision. to any
man with broad and real social SYM
pathies. to any man who believes with
all his heart in this great democratic
republic of ours such a condition is
intolerable. 1t Is not government by
the people, but mere sham government
in which the will of the people is con-
stantly defeated. 1t Is out Of this ex-
perience that my remedy has come:
and let it be tried in this field.
when, as the result of years of edu-
cation and debate, majority of the
people have decided upon remedy for
an evil from which they suffer. and
have chosen q legislature and EXecu-
tive pledged to embody that remedy in
law, and the law has been finally passed
and approved, I regard 1t as monstrous
that a bench of judges shall then say to
the people: You must begin all over
again. First amend your Constitution
(Which will take four years.; second,
secure the passage OF a new law (Which
will take two years moro; third, carry
litigation (Which will take, no human
being knows how long); fourth, submit
the whole matter over again to the very
same judges who have rendered the de-
| cision to which you object Then. II
your patience holds out and YOU finally
prevail, the will of the majority of the
people may have its way. Such a sYS-
TEN Is not popular government, but a
| mere mockery of popular government.
If this be not a wise remedy, let those
who criticise II propose wise remedy,
and not conflne themselves to railing at
government by majority of the Ameri-
| can people as government by the mob
| To propose, as an alternative remedy
| slight notifications of impeachment
proceedings is to propose no remedy at
all-it is to bid us be content with chan
when we demand bread.
IF nv critics would show the same
sober Judgment of which they declare
the people at large to be incapable,
| they would realize that my proposal is
one of moderation and common sense.
| wish to quote the pemarks of William
Draper Lewis, dean of the law school
of the University of Pennsylvania: ITO
a lawyer the most interesting sugges-
ton Colonel Roosevelt has made is to
allow the people, after consideration, to
re-enact legislation which a court de-
cision has declared is contrary to some
clause in the existing State constitution.
" Let them pass on the act. as passed
by the legislature, after a full knowl-
edge that their highest court has unan-
imously expressed its opinion that the
act is contrary to the Constitution which
the people at a prior election have de-
clared to be their fundamental law.
No New Principle Involved.
81 may not always approve of what
the persistent majority wants. l might
sometimes think the measure unwise.
But that doesn't alter the right of that
majority to enforce its will in govern
ment The Roosevelt idea. it seems to
me, supplies an instrument by which