The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-02-27

Plan For Recall of Ju-
dicial Decisions
Boston. Feb. Outstanding in the
assembly chamber of the NIassachu-
eetts capitol. Theodore Roosevelt ex-
pialned and emphasized his new pro-
1ect for the limited recall of judicial
decisions Colonel Roosevelt struck
out bodily at those who have criticized
his plan.
Our system of government is a
confessed failure" he said. "unless the
people are to be trusted to govern
themselves"
Colonel Roosevelt's visit to the state
mouse was unexpected. After appear.
ing In the house he went to the SEN
ate chamber and spoke briefly. In
Doth instances he was received cor
daily. although there was no pro-
longed applause during his speech.
At the outset Of his speech. Col.
Roosevelt declared:
Il know that you expect me to
speak to you today. telling you Just
what I think and believe" He con-
tinued:
I'VE Of today. II we are worthy of
endeavoring to lead the people Alright
must be doing our part to secure so.
ctal and Industrial justice through
genuine popular rule and our object
was set forth by the great Italian radi-
cal leader Mazzini when he wrote NO
war OF classes. no hostility to existing
wealth. no wanton or unjust violation
OF rights of property but constant
dfSn0Q}f3nn fH
tions OF the classes least favored by
fortune That should be our aim,
gentlemen. to help better. not merely
politically but industrially, the condi-
ton OF those least favored by fortune
ana to endeavor to make and to keep
the government of this country gem
ulnely government Of. by and for
the people because I believe in genu-
Inc popular rule. favor direct nom
nations. direct primaries including di-
rect preferential presidential prim-
delegates. believe in the adoption of
wisely chosen devices under which the
initiative and referendum can be used.
not as substitute for representative
government, but to make representa-
tive government genuinely representa-
tive. to see 1t corrected II 1t becomes
misrepresentation. And wish to say
few words to You today specifically
on the proposition Of giving to the
people In the last resort the interpre-
tatton OF the constitution.
My position is simple. It is that II
the people know enough to make the
constitution. they know enough in the
last resort to say what it was that
they meant when thew made it.
wish to call your attention to the
entirely different character. Of the ma
tional and the state constitutions. In
the national constitution we deal with
an instrument designed to define the
limits Of power between the nation
and the several states So that as re-
CARDS the national constitution there
must necessarily be somebody cannble
of deciding what those limits are,
when we come to discuss the relative
claims of conflicting sovereignties,
each sovereign in its own sphere.
Not Analogous.
THE state constitution of any state
has nothing analogous to that about
it. There is no question in a state OF
any conflicting sovereignty. There Is
only one sovereignty. the Sovereignty
Of the people. You are not the sover-
eigns. neither Is the executive, neither
Is the judiciary. All three of you
possess powers delegated to you by the
people but not parted from by the
people and therefore as in the nation
al constitution the legislative branch
has no power save that which is ex-
pressly granted to 1t by the constitu-
ton under the state constitution and
the legislative body has all the power
that Is not forbidden 1t by the consti-
tuition. It is a fundamental differ.
ence.
Il will speak Of ours as govern
ment Of division Of powers. That is
true insofar as we deal with the di-
vision among the Representatives Of
the people of the power delegated to
them by the people, hut it is not true
II by 1t we mean there is division Of
power between the people and the
I'm the last resort the people after
due deliberation are to be and must
be the masters and their representa-.
lives their servants. There is nothing
fgnoble In any may fit to be a public
servant avowing that he is such. It
was Abraham Lincoln who in his first
Inaugural spoke of his absolute re-
use his word his mas.
ters the American people,
Nov in the measure that advo-
cate. In the methods of securing
proper Interpretation Of the constitu.
lion which I advocate. remember to
lake what say and not the head lines
IN the newspapers purporting to tell
what say. I am not advocating the
recall OF judges. ] am advocating a
which II adopted, will pre-.
vent the necessity of the recall of
Judges. am not advocating the re-
call Of the Judge. am advocating the
recall OF legalisrn to justice.
MY proposal applies only to the
legislative acts which the courts de.
,lare unconstitutional I refer specifl.
,ally to laws passed in the collective
interests Of the whole community.
passed by the legislative body, your
body here. in the exercise Of the power
% promote the general welfare in the
Of the police power which is
Inherent In the legislature.
III such q law duly dealing with the
collective interests Of the community
ls q whole, passed by the legislature
Ind signed by the governor is declared
by the court, 1 ask
hat the people be given the right II
hey choose to exercise that right.
themselves to pass nnal JUDGMENT up.
N the proposition.
1T has been stated that this will
Iubstitute popular whim, the whim Of
moment. for the decision Of the
judiciary.
Consider my proposition for mo-
nent. In the drst place the house
hat has to pass tina law has to be
elected. Then the law is introduced
nto committee and threshed out be-