The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1912-03-21

where the fudge - ascsrtaininR the
pfepcnd erdntSopinio sof the people tor
Judge Holmes states I'D a When He ex.
erctses that function hs Has no right to
let bis political philosophy reverse and
thwart the will of the majority. In
that function the Judge must represents
the people or he ,fails ia. the test the su-
pEeme court hal Ilaid down Take the
workmer's, compensation act here In
New York. The legislators gave us a
law in the interest OF humanity and
decencY and fair dealing. q In, 40 doing
they represented the, people and, repre-
sented them well. Several judges de-
clared that law constitutional in our
state, and several courts in other states
declared similar laws constitutional,
and the supreme court OF the nation de-
clared 81 similar law affecting men in
interstate business constitutional. but
the highest court In tie state of New
York, the court Of appeals, declared
that we, the people Of New York, could
not have such a law hold that in
this case, the legislators and the judges
alike occupied representative positions.
The difference was merely that the for
nler represented US we'll and the latter
represented us ILL., Remember that the
legislators promised that law and were
returned by the people partly In conse-
quence OF such promise. That judg-
ment oftethe people should not have
been set aside unless it were irrational.
Disbelief In the People. i,
Mr.. Taft again and again, in quota
tons r. have given and elsewhere
through his speech, Expresses his dis
belief in the people when they vote at
the polls. In one Sentence he says
that the proposition gives -tpowerfut
effect TO the momentary impulse Of a
majority Of an electorate and prepares
the. way for the possible exercise Of
the grossest tyranny" Elsewhere lie
speaks OF the "feverish uncertainty"
and unstable determination of, laws
by temporary and changing majol'i-
tles," and again he says that the sys-
tenn l propose would result in suspen-
" sion or application, Of constitutional
guarantees according to popular whim."
which would destroy @all' possible con-
ststency" in constitutional intefpreta.
ton. should much like to know tile
exact distinction that is to. be made
between what Mr.. Taft calls the f1tful
impulse Of temporary majority"
when applied to a question such ls
that I raise and any other question,
Remember that under my proposal o
review rule of decision by popular
VOTE. amending or constituting, to that
extent, the constitution. would certain
1y take at least two years from the
time Of the election of the legislature
which passed the act. Now, only four
months elapse between the nomination
and the !electioW OF a~mah as president
to fiji for four years the most impor-
tant Office in the land. In one Of MI.
Tafts speeches he speaks of "the
voice Of the .eople as coming next to
the voice cf God. Apparently. then,
the decision Of the people about tie
presidency, after four months delibcr-
atm. is to be treated as. next to the
vice Of God" but If after two years
Of sober thought they decide that wo-
men and children shall be protected in
industry, or men protected from excess
siye hours Of labor under unhyglenlc
conditions, or wageworkers compen-
stated when they lose life or limb in
the service OF others, then their decl-
sion forthwith becomes q "whim" and
"fererish" and unstable" and an ex-
ercise OF "the grossest tyranny" and
the "laying OF the ak to the root Of the
tree Of freedom"
= >, 5ulwark Of Privileges. -
1t seems absurd to speak Of con-
clusion reached by the people after two
years elaboration, after thrashing the
matter out before the legislature. after
thrashing 1t out before the governor,
after thrashing 1t out before the court
and by the court, and then, after full
debate for four or six months. as "the
fitful impulse OF a temporary major
tty."If Mr.. Tafts language correctly
describes such action by the people
then he himself and all other prest-
dents have been elected by "the fitful
impulse Of a temporary Majority
then the constitution Of each state and
the constitution Of the nation have
been adopted, and all amendments
thereto have been adopted, by. the 1T
full impulse Of q temporary majority"
II he, Is right it was "the ftf1l impulse
Of temporary majority" which found
ed and another fitful impulse which
perpetuated this nation. Mr. Taft's po-
Sition- Is perfectly clear. 1t Is that we
have In this country special class Of
persons wiser than the people. who are
above the people, who cannot be
reached by the people, but who gov
ern them and ought to govern them.
and who protect various classes Of the
people. from the whole people. That is
the old. old doctrine Which has been
acted upon for thousands Of years
abroad and which here in America has
been acted upon sometimes openly,