Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-03-21

| compensation act. IN other words.
| the New York Bar association 10 pro
posing to appeal TO tho people to
| construo the constitution In such .
way 40 will directly reverAe the court.
They are proposing to appeal from
the highest court Of the state to the
people. That IL Just what propose
to do: the difference 10 only ono OF
method. not Of purpose; my methoA
will give better results, and Will give
them moro quickly.
Remember, I an not discussing the
recall Of judges-although wish It
| distinctly understood that the recall
10 q more piece Of machinery to take
the place OF the unavoidable impeach-
| mont which Mr.. Taft in effect de-
! tends, and that II the days Of May
nard ever came back again In tho
l nave no wish to come to It; but our
| opponents. whom they object to all Of.
forts to secure real Justice from the
courts. are strengthening the hands
of those who demand the recall.
l stand on the Columbus speech.
The principles there asserted are not
new, but I believe that they arc neces-
eary to tho maintenance Of free Dem
ocratic government. The part OF my
speech in which l advocated the right
of the people to be the tina! arbiters
, Of what is due process OF law In the
case OF statutes enacted fOz the gen
eral welfare will ultimately. I am con-
! fldent. be recognized as giving
strength and support to the courts in.
stead Of being revolutionary and sub
| versive The courts today owe the
| country no greater or clearer duty
/ than to keep their hands OF such
statutes when they have any reason
| ably permissible relation to the pub
lie good In the past the courts have
often failed to perform this duty, and
their failure 10 the chief cause OF
whatever dissatisfaction there Is with
the working of our judicial system.
One who seeks to prevent the ir-
revocable commission OF such mis-
takes in the future may justly claim
to be- regarded as aiming to preserve
and not to destroy the independence
and power of the judiciary.
My remedy is not the result OF
library study of constitutional law.
but of actual and long-continued ex.
/ per,ence in the Use Of governmental
power to redress social and industrial
evi,s. When. as the result OF years
OF education and debate. majority
| of the people have decided upon
! remedy for an evil from which they
! suffer, and have chosen Legislature
! and executive pledged to embody that
remedy In law, and the law has been
| finally passed and approved, | regard
1t. as monstrous that bench OF
! Judges shall then say to the people:
You must begin al! 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 hui.
man Being knows how long,; fourth.
submit the whole matter over again
to the very same judges who have
rendered the decision 10 which you
object. Then. II your patience holds
cut and you finally prevail. the will
of the majority of the people may
have it's way Such system Is net
popular government. but mere
mcckery Of popular government. 1t
Is .ystem framed to maintain and
rerpetu,te social injustice. and 1t can
be defended only by these Who dis
be;ieye In the people. who do not trust
them. and, | am afraid must add.
who have no real and living SYM
natiy with them as they struggle for
better things In lieu OF it ! propose
practice by which the will OF a ma
iority OF the people, when they have
determined upon remedy. shall. If
their vii! persists for minimum pc
Rod of two years. go straight forward
until it becomes ruling force OF life.
expressly propose to provide that
| stiff, cient time be taken to make sure
.hat the remedy expresses the will.
the sober ard we!-thought-out judg-
i ment, and not the whim, of the peo-
pie: but, when that has been ascer-
tanned, am not willing that the will
of the people shall be frustrated. II
this be not wise remedy, let those
who criticise 1t propose wise rem
edy. and not conf1ne Themselves to
railing at government by majority
OF the. American people as govern
ment by the mob. To propose. as an
alternative remedy, slight modif'ca-
tions Of Impeachment proceedings te
to propose no remedy at ALT Is to
bid us be content with chaff when we
demand bread.
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 tho English-speaking peo-
pies since Magma Charta. Until with
in the last sixty years they were
treated as having specific meanings;
property" meant tangible property:
elderly" meant freedom from per
sonal restraint, or, in other words.
from Imprisonment in It's largest def.
milton. About 1870 our courts began
to attach to these terms new mean
ings. Now property" has come To
mean every right OF value which q