The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-03-22


speech Of Theodore Roosevelt at Co
umbus, at which the colonel advocat-
ed those policies, although the presi-
dent did not refer to Col. Roosevelt
nor to his speech by word of inference.
utterly without merit or utility and
reactionary instead of progressive"
crude, revolutionary, fitful and un-
stable were the terms in which the
president referred to the recall meth
Of reversing judicial constructions of
the constitution.
q have examined with care this pro-
posed method of reversing judicial de-
cisions on constitutional questions"
President Taft said
II do not hesitate to say that it
lays the ak at the foot of the tree Of
well ordered freedom and subjects the
guarantees of life, liberty and property
without remedy to the fitful impulse of
a temporary majority of an elector.
ate"
PreSlQenI dII OpGGSI'
Mr.. Taft began with reference to
the development of representative gov.
eminent in the United States. The
best government, he said, and that
which is most certain to provide for
and protect the rights of every class,
is that government in which every
class has vote.
Government by unanimous vote Of
the electorate" he said, lis impossible
and therefore the majority of the cleo
torate must rule We find that gov
eminent by the people, therefore, I'M
der our present system, is government
by a majority of one-fourth of those
whose rights and happiness are to be
affected by the course and conduct of
the government. This is the nearest
to government by the whole people
we have ever had.
Says Women Will Change It.
"Womens suffrage will change this
and it is doubtless coming as soon as
the electorate can be certain that
most women desire and will assume its
burden and responsibility.
ut was long ago recognized that
direct action of a temporary majority
of the existing electorate must be linn
tied by fundamental law-that is, by
constitution intended to protect the i'll
dividual and the minority of the cleo
torate and the non-voting majority oil
the people against the unjust or the
arbitrary action of the majority of the
electorate"
President Taft quoted at length from
Daniel Webster's speeches on the ne
cessity of maintaining checks and bal
ances in a constitution to secure the
guaranty of individual rights and vel
ordered liberty, and then ledsup to hi
discussion of the judiciary.
The judiciary, he said, was not rep
resentative in the sense that the eXecu
tive and the legislators were, whethe
Judges be appointed or elected, be
cause they must enforce the law a
they found it.
Many Times a Real Party.
"In many cases before the judge
that temporary majority is a real part
to the controversy to be decided tn
president continued ct may be seek
ing % deprive an individual OF a ma
iority of a right secured by the funda
mental law. In such a case If tn
Judges were mere representatives o
agents of the majority to carry GU
it's will they would lose their judlcia
character entirely and the so-called &C
ministration of justice would be
farce"
ut is said that courts are intel
posing their obstructive power to tn
enforcement of legislation looking
the relief of the oppressed by decla
ing laws unconstitutional and by 81
called judicial legislation in interpre
ing into statutes words not intende
by the legislature.
Such charges, if reduced to specif
instances, the president thought, coul
be shown to be unfounded for tn
NEST part, but for the purpose of n
discussion he might admit that cour'
had erred in that regard, had undul
broadened constitutional restriction
to invalidate useful statutes or ha
given to statutes wrong constructor
SAYS Courts Sometimes oVerreache
The president then took up the pr
posed remedies, first the recall
Judges and later the recall of judici
decisions. There could not be a sy
: tenn better adapted to deprive the jud
- ciary of that independence witho'
Y which the liberty and other rights
\ the individual cannot be maintain'
x against the government and the m
K iority" than the recall of judges
D declared.
> If the impeachment were too cumDe
- some proceeding to apply to CORFU
Judges, he proposed tribunal for Il