The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1912-03-29
JAspER, INDIANA, FRIDAY, MARCH %, 1912


against popular rights. Naturally, ev-
cry upholder and beneficiary OF crook
ed privilege loudly applauds the doc
trine. 1t is behind the shield of that
doctrine that crooked clauses creep
into laws, that men OF wealth and
power control legislation.
Remember | am not discussing the
recall of udges-although l wish it
distinctly understood that the recall is
a mere piece OF machinery 70 take
the place of unavoidable impeachment
(which Mr.. Taft in effect defends, and
that il the days of Maynard ever came
back again in the state Of New York
| should favor ii. ] have no wish to
come to it, but our opponents when
they object to all efforts to secure
real justice from the courts, are
strengthening the hands Of those who
demand the recall. In a great many
states there has been for many years
a real recall of Judges as regards ap-
pointments, promotions, reappoint-
ments and reflections, and this recall
was through the turn Of thumbscrew
at the end of a lone-distance rod in
the hands of great interests. | be-
lieve that a Just Judge would feel far
safer in the hauds % the people than
in the hands of the interests.
"My remedy IS not the result Of
library study OF constitutional law, but
OF actual and long-continued expert
ence in the use Of governmental power
TO redress social and industrial evils.
Again and again earnest workers for
social justice have said to me that the
most serious obstacles that they have
encountered 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 judg-
ment 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 govern
ment as an agency for social and in
dustrial betterment What Is the re-
suit OF this system Of judicial nullifi-
cationg 1t was accurately stated by
the court of appeals of New York in
the employees liability case, where 1t
was calmly and judicially declared
that the people under our republican
government are less free to correct
the evils that oppress them than are
the people of the monarchies of Eu-
rope. To any man with vssion, to any
man with broad and real social sympa-
thies, 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 govern
ment, in which the will of the people
is constantly defeated. II is out OF
this experience that my remedy has
come. and let II be tried In this field.
When as the result OF his education
and debate a majority Of the people
have decieed upon a remedy for an
evil from which they suffer and have
chosen legislature and executive
and the law has been finally passed
and approved, / regard 1t as mon
strous 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
new law (Which will take two years
more); third, carry that new law
over the weary course OF 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
decision TO which you object. Then,
II your patience holds out and you
finally prevail. the will OF the major
ity of the people may have its way
Such a system is not popular govern
ment, but a mere mockery OF popular
government 1t Is a system framed
TO maintain and perpetuate social
injustice, and II can be defended only
by those who disbelieve In the people.
Now Have Different Meanings.
The decisions OF which we COM
plain are. as rule, based upon the
constitutional provision that no per
son shall be deprived of life, liberty
or property without due process OF
law. The terms life. liberty and
property have been used In the con.
stitutions OF the English speaking peo-
pies since Magma Charta.
Until within the last sixty years
they were treated rs having specific
meanings: property meant tangible
property; liberty meant freedom
from personal restraint. or. I'm other
words. from Imprisonment in It's larg.
est definition. About 1870 our court
began TO attach 20 these terms new
meanings; now property has come 10
mean every right OF value which
person could enjoy. and liberty has
been made 10 include the rest 20 make
contracts. As result when n state
limits the hours fer which women may