The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-03-09
The President Makes
Reply to Col. Roosevelt


government by the people is, therefore.
under our present system, government
by majority of one fourth of those
whose rights and happiness are to be
affected by the courts and conduct OF
the government This is the nearest
to a government by the whole people
we have ever had. Women's suffrage
will change this and it is doubtless
coming as soon as the electorate can
be certain that most women desire
1t and will assume Its burden and re-
sponsibility.
1T was long ago recognized that di-
rect action Of a temporary majority
Of the existing electorate must be
limited by fundamental law; that is
by a constitution intended to protect
the individual and the minority of the
electorate and the non-voting majority
OF the people against the unjust or the
arbitrary action of the majority of the
electorate"
QUOTED FROM WEBSTER.
President Taft quoted at length from
Daniel Webster's speeches on the
necessity OF maintaining checks anc
balances in a constitution to secure
the guaranty of individual rights and
well ordered liberty and then led w
to his discussion of the judiciary.
1T is a complete misunderstand
ing of our form of government the
president said "or any kind of govern
nlent that exalts justice and righteous
ness. to assume that judges are bound
20 follow the will ola majority OF ar
electorate in respect of the issue fol
their decision"
The judiciary, he said, was not rep.
resentative in the sense that the ex.
ecutive and the legislators were
whether judges be appointed or elect
ed, because they must enforce the Law
as they found II.
WOULD LOSE CHARACTER.
I'm many cases before the Judge.
that temporary majority is a real party
to the controversy to be decided the
president continued. 1T may be seek
ing to deprive an individual or a min.
ority of right secured by the funda-
mental law. In such case IL the
judges were mere representatives oil
agents Of the majority to carry out it.
will they would lose their judicia
character entirely and the So call eC
administration of justice would DO &
farce
At this point the president repeated
his former declare tons that the judic.
la system was not as perfect as I
might be made and called attention K
his speeches and messages TO con
8NCSS EtlOIIl IN procedure. III
spoke Of delays and the costs OF liti
CATION.
But these humdrum defects anC
their tedious remedies" he declared
ARE not OF the spectacular characte
20 call for political discussion or I,
attract effort from politicians In tn,
passage Of remedial legislation. TIL
formidable attack upon our judiciar,
now is that the judges do not respont
sufficiently to popular opinion. 1t
said that courts are interposing thei
obstructive power to the enforcement
OF legislation looking to the relief o
the oppressed by declaring laws un
constitutional and by o-called judicia
legislation in interpreting itno statute
words not intended by the legisla
ture."
Such charges IL reduced to specif
instances. the president thought. couI,
be shown TO be unfounded for the mos
part, but for the purpose of his discus
sion he might admit that courts hal
erred in that regard. had undul
broadened constitutional restrictions I
invalidate useful statutes or had give
to statutes wrong construction
REMEDIES PROPOSED.
The president then took up the pro
posed remedies. first the recall q
judges and later the recall of judicia
decisions. Than the recall of judges
he declared, there could not be a sys
tenn better adapted to deprive the ju
dietary Of that Independence withou