The Birmingham age-herald., 1912-02-27
Would Recall Decisions of Judges, But Not the
 Bench
GIVE PEOPLE THE
 FINAL DECISION
Would Have Six Months Interval Between Decision and Election. Speech to Massachusetts
 SOlons Is Unexpected

| Boston, February 26-Standing in tho assembly chamber of the Massachusetts capitol today, Theodore Roosevelt ex- plained and emphasized his new project for the limited recall of judicial decisions Colonel Roosevelt struck out boldly at those who have criticised his plan.
 Our system of government is a con- fessed failure" he said, unless the peo- pie are to be trusted to govern them selves"
 Colonel Roosevelts visit to the state house was unexepcted. After appearing in the house he went to the senate cham Der and spoke briefly In both inctances he was received cordially, although there was no prolonged applause during his speech
 ROOsevelt's Speech
 At the outset of his speech Colonel Roosevelt declared:
 "I know that you expect me to speaA to you today, telling you just what l think and believe" he continued. we Of today if we are worthy of endeavorinS to lead the people arigh', must be doing our part to secure social and industrial justice through genuine popular rule, and our object was set forth by the great Ital- ian radical leader. Mazzini, when he wrote: No war classes, no hostility to existing wealth, no wanton or unjust Vlo- lation of the rights of property, but constant disposition to ameliorate the con- djtion of the classes least favored by for- tune
 That should be our aim, sentiemen' to heln better. not merely political but in- dustrially the condition of those least ia- yored by fortune and endeayor to make and to keep the government of this eoun- try genuinely a government, Of, by and for the people.
 l-s-------~- wis Greed --'--- 2 ' And because I believe in genuine pop ular rule I favor direct nominations, di- rect primaries, including direct prefer- ential presidential primaries, not only TOT local but for state delegates, peneVe in the adoption of wisely chosen deVlces under which the initiative and referendum can he used not as a substitute for a representative government but to make representative government genuinely re- sponsible: to see it corrected if that be- comes misrepresentative. And l wish to say a few words to you today specifically on the proposition of giving to the peo- ple in the last resort the interpretation of the constitution.
 "Nv nosition is simple. It is that if the people know enough to make the con- stitution, they know enough in the last resort to say what it was that they meant when they made 1t.
 q wish to call your attention To the entirely different character of the national and state constitutions. In the national constitution we deal with an instrument
 1-E. I, saf he tween the nation and the several states. So that as regards the national constitp- tion there must necessarily be somebody Ca pa ble of deciding what are those limits, when we come to discuss the relative claims of conflicting sovereignties, each governing it's own sphere. The constitu- tion of any state has nothing analogous to that about it. There is no question in a state of conflicting sovereignties. There is only one sovereignity the sovereignty of the people. You are not the sovereigns, neither is the executive, neither is the judiciary.
 Powers Delegated Only All three of you possess powers delegated to you by the people but not parted with by the people and therefore, whereas. in the national con sttution the legislative branch has no power save that which is expressly granted to 1t by the constitution, un- der the state constitution, the legisla- tive body has all the power that is not forbidden it by the constitution It is a fundamental difference.
 q will speak of ours as goyern- ment of division of powers. That is true in so far as we deal with the division among the representatives ol the people of the power delegated to them by the people. but 1t is not true ] If by it we mean there Is division of power between the people and the representatives. In the last resort the people, after due deliberations. are to be and must be the means and their representatives their servants. There is nothing ig-
 noble In any man 1t to be a public servant avowing that he is such. 1t was Abra ham Lincoln. who. in his first inaugural. spoke of his absolute re- sponsibility to--I use his words-'his masters, the American people
 Wants Speech Read
 Now. in the measure that I advo- cate, in the method of securing A proper interpretation of the constitu- tion (which I advocate, remember to l take what I say, and not the head lines in the newspapers purporting to tell what I say. I am not advocating the recall of judges. I am advocating a i measure which if adopted, will pre- vent the necessity of the recall of judges I am not advocating tho re- call of the judges. I am advocating the recall of legalism to justice.
 My proposal applies only to the leg islative acts which the courts declare unconstitutional. I refer specifically to l laws passed in the collective interests of the whole community, passed by the 1 Legislative body in the exercise of the l ho al Ca | in the exercise, of the police power | which is inherent In the legislature If such a law duly dealing with the col lective interests of the community as whole, passed by the legislature and signed by the governor. Is declared un- constitutional by the courts, l ask that the people be given the right, if they choose to execise that right themselves. to pass final judgment upon the propo- sition.
 Steps of Legislation Tt has been stated that this will sub