The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-09
WITHOUT MERIT,
fITFUL, UNSTABLE
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electorate in respect of the !ssu. for
| their decision"
The Judiciary. lie said. was no, rep
rescniative In the sense that tho execu-
tive and the Legislators were. whether
judges be appointed or elected because
they must enforce the law AS they
found Il.
Would Lose Judicial Character.
In many cases before the Judges
that temporary majority is a real party
TO tho controversy 10 be decided" the
ing TO deprive an Individual or minor
Ky of u right secured by the funda-
mental law. In such u case IL the
Judges were mers representatives or
agents Of the majority TO carry out
It's viii. they would lose their judicial
character entirely. and the so-called
administrator OF justice would be
farce"
At this point the Presid snt repeated
his former declarations that tho Judi
cihl system was not as perfect as IL
might be made. and called attention
10 his speeches and messages to Con-
sress urging reform in proc ,dure. He
spoke OF delays and the cost OF lltiga-
ton.
But these humdrum defects and
their tedious remedies" he declared
are not of the spectacular character
TO call for political discussion or to
attract efiort from politicians in the
passage OF remedial legislation. Tho
formidable attack upon our judiciary
now Is that the judges do not respond
sufhclently TO popular opinion. II Is
said tina, courts are intcrposing their
obstructive power TO tbs enforcement
or legislation looking to the relief OF
the oppressed by declaring la WIS uncon-
stttu,ional and by so-called judicial
legislation In Interpreting into statutes
words not intended by the Legislature
such charges. II reduced TO SPECIFIC
instances, the President thought, could
be shown to be unfounded for the most
part, but for the purposes of his dis
cussion lie might admit that courts had
aired In that regard. had unduly broad
ened constitutional restrictions to in
validate useful statutes. or had given
to statutes a wrong construction.
Indeed. / do not hesitate TO saw TIA,
DO not concur in the reasoning OF GER
tain courts OF last resort as to the
constitutional validity of certain social
reform statutes. and 1 am very anxious
that the remedies proposed in those
statutes should be given effective oper.
alton"
The President then took up the pro-
posed remedies. first the recall =,
Judges and later the recall of iudi
cial decisions. Than the recall =,
Judges. he declared. there could not he
system better adapted to DEPRIVE tho
Judiciary of that Independence Win
our which the liberty and other rights
Oh TN individaul cannot be maintainsd
against the government and INC ma
jority." ia
II the impeachment were too cpmhor
some proceeding to apply to corrupt
Judges he proposed a tribunal for ,b
removal OF Judge sfor CAUSE
OF the recall OF judicial decis,o,s
president Taft said in part:
rms is a remarkable suggestion
and one which is so contrary to anv.
thing IN government heretofore nro.
posed that II Is hard to give to /, ~
serious consideration which :, a.
serves because Of Its advocates "a
OF the conditions under which q 60
advanced. Is
What this recall of decisions 1vu,
amount to If applied to constitutional
questions Is that there Will be sue-
| pension OF the Constitution to enable
! temporary majority of the electorate
to enforce popular but invalid act"
President Taft pointed out that the
:
/ fected, or that a rich CORPORATION
seeking privileges in the DEVELOPMENT
Of State-and he cited Alaska--might
use such condition to advantage.
"a most serious objection to the
recall OF decisions is that It destroys
all probability OF consistency in con-
stituttonal Interpretation. The MAJ
| jority which sustains one law IS not
the majority which comes to consider
another, and the obligation of con-
sistcncy OF popular decision is one
which would sit most lightly on each
| recurring electorate, and the opera
(, ton Of the system would result, In
! suspension OF application OF constitu-
tional guarantees according to popu-
! lar vhim.
Argument Is FnllacIous.
I'VE would have then a system of
jsuspendng the Constitution to meet
| special instances. But the main argu-
| ment used to sustain such n popular
| review of judicial decisions is that ir
the people are competent TO establish
a Constitution they arc competent to
! interpret II, and that this recall OF