The Barre daily times. (Barre, Vt.) 1897-1959, 1912-03-09


me-"
or that a rich corporation seeking priv
leges in the development of a state-and
he cited AlaslIa-might use such con.
dition to advantage.
"A most serious objection TO the recall
OF decisions is that it destroys all prob
ability OF consistency in constitutional
Interpretation. The majority which sus
tains one law is not the majority which
comes to consider another and the obli
cation of consistency of popular decision
is one which would sit most lightly on
each recurring electorate and the opera
ton OF the system would result in sus-
pension or application Of constitutional
guarantees according to popular within.
1--WE would have then system Of
suspending the constitution to meet spe-
cial instances. But the main argument
used to sustain such popular review of
judicial decisions is that if the people are
competent to establish constitution
they are competent to interpret it. and
that this recall of decisions is nothing
but the exercise OF the power OF inter-
probation.
"This is clearly fallacious argument.
The approval Of general principles in
constitution on one hand and the inter
probation of a statute and consideration
OF its probable operation in a particular
case and its possible infringement of Al
general principle on the other hand, are
very different things.
"The one is simple, the latter CONF
pleN; and the latter when submitted to Al
popular vote. as already pointed out, isl
much more likely TO be turned into all
issue of general approval or disapproval
of the act on its merits for the special
purpose Of its enactment than upon its
violation of the constitution. Moreover, 4
popular majority does not adopt al
constitution. or any principle of it, or
amend its terms, until after it has been
adopted by a constitutional convention
or a legislature. and the final adoption
is, and ought to be, surrounded with
such checks and delays as TO secure
delberation.
"Can it be that the power of tenn
porary majority Of the electorate by a
single popular vote to do away with
right secured TO individuals which have
been inviolable for seven hundred years
since the DAYS of the Magma Charta,
approves itself to those who love liberty
and who hold dear its sacred guaran-
ties
"Would we do in giving such powerful
effect TO the momentary impulse of a
majority OF an electorate, prepare the
wav for the possible exercise of the
greatest tyranny?
FINALLY. | ask what is the necessity
for such a crude revolutionary, fitful
and unstable way of reversing judicial
constructions of the constitution Why
if the construction is wrong can it not
be righted by constitutional amend
ment?
San answer made to this is that the
same Judges would construe the amend
ment and defeat the popular will as in
the first instance This assumes dishon-
esty and gross violation of their oaths
of duty on the part of the judges, a
hypothesis utterly untenablc.
81 agree that we are making progress
and ought to make progress in the shap4
ing of governmental action to secure
greater equality of opportunity, to de-
stroy the undue advantage OF special
and of accumulated capital, and
to remove Instructions to the pursuit
of human happiness; and in working out
these difficult problems we may possibly
have, from time to time. to limit or
narrow the breadth of constitutional
in respect of property by
amendment.
"But. if we do it, let us do it DELHI
erately. understanding what we are dos
ing. and with full consideration and clear
weighing of what we are giving UP of
private right for the general welfare,
Let us do il under circumstances which
shall make the operation of the change
uniform and Just, and not depend on the
feverish. uncertain, and unstable deter
mination of successive votes on different
laws by temporary and unchanging ma
icrities.
.'Such proposal as this is utterly
without merit or utility, and, instead of
being progressive, is reactionary; instead
IF being in the interest of all the people
md of the stability of popular governs
nent is sowing the seeds of confusion
md tyranny"
Teft's Greeting Was Cordial.
President Taft spent most of yester4
law on the rear platform of his private
ar. making more than dozen speeches
o the Ohioans who turned out in good
lied crowds despite the snow and rain.
All his speeches were short. Twice he
eferred to the Senate's refusal TO rstify
he arbitration treaties with England
md France in their original form, show
ng plainly that while he is disappointed
,ver the Senate's action, he has not given
IN the fight 81 am going to rely on the
,eople to help on" he said.
His friends professed to be more than
atisfied with the greetings extended by
,hioans. At Canton somebody raised a
augh by yelling after Taft finished
peaking, Don't let the lion tanner get
GU