The Washington herald., 1912-03-21

L
sanctuary there, and this is exactly
what has happened In some OF the States
where the recall is living issue
Taking up his proposition that where
State court has set aside as unconsti-
tutional law passed by the legislature
for the general welfare. the question OF
the validity of the law be submitted
for final discrimination to a vote OF the
people. taken after due time for con-
sideration, Mr.. Roosevelt anJwere1 at
length President Tafts criticism or the
proposition delivered a few days ago IN
Toledo, quoted the Presidents remarks
and said:
Attacks Taft's Position.
This criticism is really less a c-Iu-
cism Of my proposal than a criticism Of
all popular government. 1t is wholly
unfounded. unless 1t is founded on the
belief that the people are fundamentally
Enthusiastically. II the Supreme Courts
definition of due process in relation to
the police power is sound, then an act
Of the legislature to promote the col
lective interests of the community must
be valid, II 1t embodies a policy held
by the prevailing morality or pre-
ponderant opinion to be necessary to
that i propose to submit to the people.
How can the prevailing morality or a
prepondersut opinion be better and more
exactly ascertained than by vote OF
the people?''
Says Taft Distrusts People.
Referring again specifically to Mr..
Tafts utterances. Col. Roosevelt said:
Mr.. Tafts position is the position that
has been held from the beginning OF our
government, although not always so
openly held, by a large number of rep
utable and honorably men who. down
at bottom. distrust popular govern
ment, and, when they must accept II,
accept II with reluctance, and hedge It
around with every species OF restriction
and check and balance, so as to make
the power Of the people as limited and
as ineffective as possible. Mr.. Taft fairly
defines the issue when he says that our
government is and should be a govern
ment OF all the people by a representa-
tive part of the people. This is an ex-
cellent and moderate description OF an
oligarchy. 1t defines our government as
a government OF all the people by a few
of the people.
Mr.. Taft says that every class
should have a voice in the government.
That seems to me a very serious mis-
situation. The real trouble with US IS
that some classes have had too much
voice.
Mr.. Taft again and again, IN quota
tions 1 have given and elsewhere
through his speech, expresses his disbe-
lief in the people when they vote at the
polls
Doctrine Which Shields Privilege.
Mr.. Taft's POSITION is perfectly clear.
1t is that we have in this country a
special class Of persons wiser than the
people, who are above the people, who
cannot be reached by the people, but who
govern them and ought to govern them;
and who protect various classes of the
people from the whole people. That is
the old, old doctrine which has been
acted upon for thousands Of years
abroad; and which here in America has
been acted upon sometimes openly, some
times secretly. for forty years by many
men in public ard in private life, and I
am sorry 70 say by many Judges: a doc
trine which has in fact tended to create
a bulwark for privilege. a bulwark un-
justly protecting special interests against
the rights of the people as a whole.
This doctrine is TO me a dreadful doc
trine; for its effect is, and can only be,
TO make the courts the shield of privi-
lege against popular rights. Naturally,
every upholder and beneficiary of1crooked
privilege loudly applauds the doctrine. II
is behind the shield OF that doctrine that
crooked clauses creep into laws. that men
OF wealth and power ccntrol legislation.
The men of wealth who praise this doc
trine, this theory, would do well to re-
member that to its adoption by the courts
is due the distrust so many Of our wage
workers now feel for the courts. / deny
that that theory has worked so well that
we should continue it. / most earnestly
urge that the evils and abuses II has pro-
duced cry aloud for remedy; and the only
remedy is In fact 10 restore the power
to govern directly to the people, and to
make the public servant directly respon-
sible to the whole people-and to no part |
of them, to no class or them |
Grave Discomfort and Unrest.
Mr.. Roosevelt pointed out that the |
New York Bar Association had Pc
ttioned the legislature to amend the |
State constitution so as to give the |
legislature unlimited power in the enact |
ment of laws; said that he stood on his |
Columbus speech; that the decisions of |
some of the courts regarding liberty
and property" were not in accordance
with public policy, and in conclusion
said:
There is no danger OF a revolution in |
this country; but there is grave discon-
tent and unrest, and in order to remove
them there is need Of all the wisdom
and probity and deep-seated faith in
and purpose to uplift humanity, we have
at our command.
Friends, our task as Americans is TO
strive for social and Industrial justice,
achieved through the genuine rule of
the people. This is our end, our pur-
pose"