Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-02-29
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course bill must take in passing a
legislative body, its signing by the
governor and it's being taken before
the courts to decide upon it's constltu'
tionality. : a.
"My proposal" Mr.. Roosevelt con-
tinued, lis that then, If the court mas
decided that the legislature, plus the
executive, has exceeded the power
granted by the people to them under
the constitution, that the people shall
of themselves have the right TO say
whether their representatives IN the
legislature and the executive otf1ce
were right, or whether their represent
atiyes on the court were right. Provl-
sion should be made that no vote
could be had save at regular cleo
| ton not less than six months distant
after the appeal to the people IS
made"
Two Years Of Discussion.
! He estimated that all this would re-
ouire at least two years time, during
which there would be discussion Dy
the neople. the legislature and before
| the court. 80.
"That being the case," he said, 1T
| Is an obvious absurdity to say that l
am proposing to submit such action 10
popular whim, to the frenzy OF a mo-
ment." .s...
Mr.. Roosevelt declared that his po-
sition is the same as that or Justlce
Holmes, from whose decision In the
Oklahoma bank case he quoted as fol-
| lows:
It may be said in a general way that
the police power extends to all the
great public needs. 1t may be put
| forth in aid of what Is sanctioned Dy
usage or held by the prevailing NOR
atty or by a strong and preponderant
opinion to be greatly and Immediately
necessary to the public welfare
Quotes Justice Holmes.
Continuing, Mr.. Roosevelt said:
"Justice Holmes has put the claim
for the exercise Of the police power oy
the state even more strongly than ever
I have put it in advocating it's exercise
and that opinion of Justice Holmes
was given in handing down the dec1s:
ion of the supreme court Of the United
States, and that opinion is now part
OF the supreme law of the land
| Mr.. Roosevelt said that all he advo-
Gates is giving the people OF the sew
eral states the right to put that opln'
ion into practical effect as part or the
law Of the staN, if the state court de-
clines to follow the example of the
supreme court in that matter, declines
TO adhere to the doctrine thus laid
down by Justice Holmes, DOC
trine which is now part of the law
of the nation. If the state courts, If the
supreme court of a nation in It's past
history, and if the several state courts
have lived up to the doctrine which Is
laid down Justice Holmes, none
of the decisions of which have com
planned could have been made and
there would have been no need OF ad'
vocating the measure that l advo'
cate. But, taking my own state, the
| court of appeals Of the state of New
York in the workingman's compensa'
ton act, referred in their opinion to
this very decision, to the very IAN
guage have quoted and refused to fol-
low 1t. The supreme court held one
view, the court of appeals OF the state
took the other view, and all ask IS
that the people themselves in such a
case shall be given a chance to declare
whether they will stand by the su-
preme court of the nation when it
stands for human right, or by the
chief court of their own state,
when it stands against human rights,
If that Is a revolution, make the most
of it.
No Private Opinions.
| 81 have no private opinions in the
matter" he went on. II am not we'd
ded to any plan. But am welded to
the purpose of this plan. l wish to
put an end to the habit which some
courts have Of multiplying laws which
the people deem necessary stand
at the opposite pole from those worthy
gentlemen whose conception of the re-
| lations between the constitution and
the people is that the constitution is
q straight jacket for control of the
unruly people.
| 1T has been stated in the last few
days that the constitution is shield
to guard against the passions. Any
one who holds that veiew does not
know what democracy is. If you
don't believe in the people say SO and
abandon your system of government;
but, above all things. don't claim that
you trust the people and understand
ingly try to trick them out of the
right Of self government. hold that
! no man has the right to call himself
the servant unless he serves his own
conscience. But it is his duty to en-
deavor to have the people act wisely
and to carry out their decisions. Our
system Of government is complete
failure unless we trust them to govern
themselves"
Spends Literary Day.
| Organization Of the Roosevelt move.
ment in New Tngland was carried
further today, although Col. Roosevelt
said he was going to give more time
to literature than to politics. The
colonel was scheduled to put in a busy
day. He spent last night with Grafton
D. Gushing, speaker of the Massa-
chusetts house Of representatives.
This morning he expected to have an
other talk with Gov. Bass of New
Hampshire, and to meet several Mas
sachusetts politicians.
Col Roosevelt was to go to Harvard
at noon. and spend most of the re-
mainder OF the day there. He was