New-York tribune., 1912-02-22
ROOSEVELTS "CHARTER or DE-
UOCRACY."


HOCRACY."
The most notable passages in Colonel
Rooseyelt's address to the Ohio Constltu-
tional Convention were those which ne
devoted TO the courts, and they best illus
trate the difference between his position
and that of men to whom he would deny
the name of Progressive. but VINO
nevertheless desire to accomplish the
same ends that he has at heart. Ever!
right thinking man must deeply de-
plore the immediate practical erect Oh
decisions like that of the New YORK
Court of Appeals holding the VAN
wright compensation law unconstltu-
tional. The injustice of the present sys-
TEN of treating injured workmen Is fuliy
perceived, and it arouses in great many
breasts the same feeling of Indignation
which inspires Colonel Rooseyelts utter
ances.
II is when 1t comes TO remedies that
Colonel Roosevelt differs with those
whose views of justice agree with MS.
Indeed, with regard to the courts ne dll-
fers even with his fellow Progressives,
for his advocacy Of recall of judicial
decisions has not yet caused 1t TO De
accepted by them as an article OF talIh'
This plan of his. which first became
known TO the public in magazine aru-
Gle a few weeks ago, Colonel Roosevelt
does not hesitate to recommend 10 the
Ohio convention to be Incorporated INTO
the new constitution of the state. lie
would have the people made the court OF
last resort In interpreting state constitu-
tions. Such a decision as that OF the
New York Court Of Appeals against the
workmen's compensation law he would
have referred to the people on sort OF
referendum If they sustained the cohr!
the law would be annulled. III they re-
versed the court the law would be sus-
tained and the constitution would nave
to he INTERPRETED in accordance with the
peoples vote.
That is a possible remedy for such
situation as exists in this state as re-
suit of the overthrow Of the Wainwright
law. Yet men just as eager as Mr.. RooSe-
yelt 10 see Justice done shrink. and must
shrink. from urging its adoption. They
wish to preserve the American institu-
tions under which popular government
has thus far been an unparalleled sue
cess as they are, rather than rashly to
disturb the written constitution which
underIies them by making the people
able. nay, inviting the people, to say what
the constitution means, really to amend
il by construction. on the spur of the
moment. and for the trivial If sometimes,
in itself alone, real advantage TO be
gained from adopting the Roosevelt plan
Of the recall of decisions. The adyan-
tage is trivial, for the most that IS TO be
gained is little time. As II Is now,
when the constitution Of this state, for
example, has been interpreted as stand
ing in the way of a desirable reform 1t
can be amended in two years. With Mr..
Roosevelt's plan the same effect might
be obtained through a constructive
amendment by popular vote in six
months. A year and a half would be
gained at the cost of an experiment
which would inevitably invite results err
ratio. mischievous and lamentable.
The Tribune wishes to see justice done
as ardently as Colonel Roosevelt does,
but it believes in sticking to tested in
stitutions rather than rashly innOyatng
for no substantial advantage at the con-
stant risk Of gross abuses. Colonel
Roosevelt says that those who do not
think as he does lack faith in the people
and popular government That depends
upon how You look at it. They might
Justly retort that they had faith that the
people would make the existing institu-
tions as they are work justice, that the
people would take the trouble 10 amend
constitutions which had been interpreted
as standing in the way Of human rights
Mr.. Roosevelt seems to fear that the peo-
pie will not take that trouble. Which Of
the two attitudes Is faith in the people,
II is Colonel Roosevelts impatience
with established institutions that consti-
tutes his "radicalism." Others seek the
same ideals but they would attain them
with the least possible change In things
that experience has taught us to regard
as worth preserving. This innovating
spirit of his is less apparent in other
parts OF his address than In what he had
TO say upon the judiciary. The recall in
general appeals only slightly to Colonel
Roosevelt. He is cautious about the ini-
tiative and referendum. On the merits
Of the short ballot and direct primaries
the majority probably agree with him.