The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-03-07
Mr.. ROBINSON
ON ROOSEVELT
SAos At eoLumsvs
Points Out Particularly the Danger
Thst lurts In Recall % judi
eIai Decisions.
Futile gnort Being Made by support
ere TO Pare Down Errstie
prineipisa


To the Editor of The Inteiiisencer.
Sir-Win you allow me space In
your valuable paper for the article
following? I indite it to you because
consider the present political crisis
TO be q very grave one. and because
behave that q full and fair discussion
OF the political problems now agita
ting the body polite will enable us
to solve these problems rightfully and
correctly.
Mr.. Roosevelt has announced that
he will accept the Republican nomi-
nation for President II the same be
rendered him by the Republican ma
tional convention. BY taking this
step. he asks the Republican party
and the American people to confer
upon him what they have conferred
upon no other man, living or dead. IL
In not this request only which 10 out
OF harmony with the spirit OF true
and patriotic Americanism, but II Is
as well the policies and principles
for which Mr. Roosevelt stands. and
which he has lately promulgated at
Columbus. Ohio. These demand our
most serious consideration.
At Columbus. Ohio. Mr.. Roosevelt
lately laid down certain important
doctrines. He laid them down in un-
qualified terms. He said. first. he
stood for the initiative: second. for
the referendum: third, for the recall
OF judges: fourth. for the recall OF
judicial decisions. He imposed no
restrictions: he set up no limitations.
There has been since some effort
made by both Mr. Roosevelt and his
supporters to trim the last two named
doctrines so that they might be pared
down and not appear so erratic and
no inconsistent with American poll
cies. principles and doctrines. We
shall not take time 10 consider either
the initiative or referendum in this
communication: neither shall we
more than give passing notice 10 the
recall OF judges.
Recall Of Judicial Decisions.
But II Is about the recall OF judicial
decisions that We desire TO write.
Mr.. Roosevelt would have all decisions
declaring laws unconstitutional sub
mitted TO the people for a final ar
bitrament and determination. with
the exception that he would not make
the supreme court OF the United
States liable to such a referendum.
BY analogy he would. there fore, sub
NIT all cases 10 the people where the
law was declared to be constitu-
tionaL Hence. when a law was de-
clared unconstitutional. We would
have an election. We would continu-
ally be voting on the constirltionallty
of our laws. But does Mr.. Roosevelt
overlook the spirit and genius Z
American institutins, and the policies
and principles that under>, our con-
sutution when he gives expression to
such sentiments as he uttered at Co
lumbus? He certainly knows what
the result would be. and IL must
therefore be part OF his scheme to
make this a one mans government,
and he that one man.
Let us see. A constitution OF
state IS made by the whole people
thereof. and IL provides that when
ever the people desire n they may
amend their constitution by following
the methods marked out by the terms
and conditions thereof. so that the
people have already ample power to
make any constitutional provisions
they desire. Besides, they have the
power TO remove all judges by i'm
parchment for malfeasance or mis-
feasance in Office. or for incompe-
tency.
Upon the other hand. a legislative
enactment Is not passed upon by tho
khoIe people. II Is an act OF the leg.
islature. IL may be passed by bare
majority OF the legislature. or = 10
question OF a quorum be raised. II
may be passed by less than a majority
OF the legislature. The act may be
according TO the constitution which
the whole people have passed. or II
may be in violation OF some principle
Of the constitution which IL made by
the whole people. The Judge there
fore. who decides that Q Law Is IN
constitutional does not override the
vii Of the people. but he overrides
the will % the legislature and pro
tects and preserves In the constiiu-
tiOn the will % the people Nothing
can b palmer than this The con
stitution - made b. the people. the
acts - the legislature by a part OF
the people. speaking through their
representatives. The Judge sitting 10
determine whether or not the lsEis-
iature IN violating the constitution.
Which 10 a Law babe b. all the people
dos not override anything In the cor
sfitutior which IL the WiI q the PEG
PIE bur he dos oVerruie tho .nt Of
the legislature Therefore the tufie-
iary, When :; SPEAKS and says that a
Ia IL unc0nsfituf.onaI. has not taEen
from the people a single riEhf. has nor
PIT upon then a single burden bur
On fhe contrary De- has simply e.
rouuced that ne LEGISLATURE. srsrris
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