The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-27
FIGHTING AGAIN,
COLONEL is HAPPY
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vent the necessity of the recall Of
Judges. am not advocating tho re-
call or the Judge; 1 am advocating the
recall Of leSalism to Justice
My proposal applies only to the
legislative acts which tho courts do
clare unconstitutional refer speci-
neatly TO laws passed in the collective
interests of the whole community.
passed by the legislative body, your
BODY here. in the exercise of tho power
to promote the general welfare, in the
exercise of the police power, which is
inherent in the Legislature
IF such a law duly dealing with the
collective interests of the community
as whole, passed by the Legislature
and signed by the Governor. Is declar-
ed unconstitutional by the court / ask
mat the people be given the right. II
they choose. to exercise that right,
themselves 70 pass hnal judgment upon
the proposition"
Colonel Roosevelt then denied tho
statement of his critics that this plan
would substitute popular within" for
carefully considered action by the
courts.
My proposal" the Colonel continued
rs that then, If tho court has decided
mas exceeded the power granted by the
people to them under the Constitution,
that the people shall themselves have
the right to say whether their repre-
sentatives in the Legislature and tho
executive office We're right or whetheh
their representatives on the court were
right Provision should DO made that
no vote could be had save at a regular
election not less than six months dis
tant after the appeal TO tho people Is
made"
Time for DcIibcration.
Colonel Roosevelt then said that the
People would have two years time 10
discuss and deliberate upon the prop
osition
IF in two years tho people are not
able 10 make up their minds about a
question, then am sorry for the Com
nOnwealth OF which they are citizens.
and the position l take in these mat
teis is that OF your own Mussuchus-
etts justice on the Supreme Court. Mr.
Justice Holmes. when he says In re-
cent decision on an oklahoma bank
case-and quote his words. 1T NAV
De said III general way that the po-
nee power eXtenos TO all the great pub
lie needs. 1t may be put forth in mid
OF what is sanctioned by usage or held
BY the prevailing morality, or b.
strong ana prcpondcrant opinion TO be
greatly and immediately necessary to
the public welfare.
M! L advocate IS giving the people
OF the sevcra! states the right to put
that opinion into practical effect as
part Of the law OF the State, II tns
State court declines to follow tn exam
PIE Of the supreme Court in that mat
ter declines to adhere TO the doctrine
thus laid down by Mr.. Justice Holmes.
= .F
law OF the nation. If the State courts,
II the supreme Court OF tho nation In
It's past history. and il the several state
courts had lived up to the doctrine
which is laid down by MIR. Justice
Holmes, none of tho decisions OF winch
have complained could have been
made. and there would have been 20
need OF advocating the measure thar
l advocate.
Chunce for the People.
"All that l ask" continued the Col.
oncl, lis that the people snail be given
al chance 10 declare whether they viii
stand by the supreme Court OF tho ma.
ton when /; stands for human rights
or Dy the chief court of their own Stau
when 1t STANDS against human rights
II that is revolution, make the most
of 1t. To listen 10 the argument OF
certain worthy individuals who de
nounce the proposed change. you would
thank that the purpose OF the change
was 10 substitute thu gusty passion OF
q mob for the decision of court.
Il have no pride of opinion In this
matter. l am not welded to any
method. am advocating II because it
secms TO me to offer q batter chance OF
reaching a right solution than any
other but 1 am welded to the purpose
that l uphold. l wish to put stop
to thu courts multiplying laws which the
people deem necessary to their general
welfare. l stand a opposite poles from
those worthy gentlemen whosa concep-
lion OF the relations between the Col-
sttution and the people is that the
Constitution Is a straight jacket to
control an unruly patient. 1 regard
the Constitution as means for giving
the fullest expression to the deliberate
and wen thought out judgment OF the
american people. and / feel that any
state Constitution which fails 10 pro-
vide means Iur giving such full eX-
preston to the deliberate and well
thought out Judgment OF ths people OF
the State falls snort or what a Consti-
tuition, should bc under our system OF
government.
IT has in the last lew days been
said that the Constitution was built
TO be shield against the passions of
the people. II mat is all that Il mans
conception is OF the Constitution he is
unit 10 understand what American
democracy means.
Il hold that the only safe attitude
Tor US here in America to take is the
attitude taken by Abraham Lincoln,
Inc attitude ri believing that If an
issue OF wisdom or un,Sisdom, or right
or wrong Is put fairly before the pco-
PIE. mat thc people can be trusted to
make their decision for themselves. If
you DO moi believe in the. people say
So ana abandon our system of govern
hen'' hut above a things. do not
hhkc hcIlcNc thnt You trust the poople.