The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1912-03-21
THE RECALL OF DECISIONS

The recall of decisions as ad
vocated by Theodore Roosevelt,
misunderstood by a great man.
people The following catechisn
from the Kansas City Star makes
Roosevelt's ideas very clear;
What is the recall of decisions
which Mr. Roosevelt advocates?
1t is that there should ne a pro
vision In state constitutions thai
when a court differs from legislar
ture as to whether proposed pub
lie policy is constitutional, the
question as to which is right should
be submitted to popular vote
Give an instance of this
Mr. Roosevelt cited this following
one: The state legislature of
New York enacted a statute definr
in the compensation workin' peo-
pie should receive in case of in-
jury by accident The Supreme court
of the United States has upheld sucl
a statute So have the supreme
courts of several states But the
highest court of New York held
that the statute was unconstitution-
al There was direct clash bp'
tween that court and the state leg
islature, and incidentally be-
tween that court and the Supreme
Court OF the United States. The
conflict was over what the people
meant to prohibit Mr. Roosevelt
believes that in such a case the
people of the state should decide
whether the count or the legisla-
ture was right
Would this mean hasty, incon-
siderate action by the people?
Not at all AS Mr.. Roosevelt him
self said, such process as | adj
vocate would take at the very least
two years time. II they have
not the character and the intelli-
gence to enable them, after two
years deliberation, ON seeing the
whole matter threshed out by
the legislature and before the exc
cutiye and by the court, and finally
by public speakers bdnore an cleo
ton, to themselves decide what they
meant when they framed the con-
stitution, then 1t is idle to talk
Of their being fit to frame a con-
Would the recall of decisions af-
feet the usual lawsuits or criminal
vets?
No. 1t involves only questions
IF the constitution and of law
making. The ordinary suits at |
aw would not be concerned at all.
Are there any sorts of judicial l
decisions which can now be ret !
allied? l
Yes. Decisions like the patent c
monopoly ard those i'm the Stan I
lard Oil and Tobacco Trust cases t
an be recalled by Congress by c
imply changing the existing sta 4
utes. S
Would II unsettle business more "
r be any more radical for the b
eople of New York to say that o
enceforth a workmen's compensa- IL
ION law in that state shall be
than it would be now
Or Congress TO say that henceforth q
II trusts shall be criminal whether q
hey are reasonable or unreason- ~
BILE? 81
Quite obviously 1t would be safer W
,r the people to decide their b.
lblic policy by the deliberate met nj
obs Mr., Roosevelt suggests than b,
IT Congress to change laws and d, b,
sioDs as it might do now on n
lie spur of the moment and unp Ia
sr partisan caucus rule. n,
Is the recall of decisions the c,
me as the recall Of judges? of
The two are different-entirely m
fferent, perfectly honest and h,
lie judge may decide that the con- al
tuition means something which ri,
e people themselves who framed
do not think Ii meansIn such a
Sc 1t might be unjust and unwise -,
recall the judge. simply recall -
e decision" as Mr.. Roosevelt sugN ~,
sts.