The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-03-09
PRESIDENT TAFT.
ANSWERS COL.
ROOSEVELT
Characterizes His Recall Ideas
As Dangerous.
FAVORS COURT REFORMS
Says RooseVelt's Proposal is Without
merit and is Sowing Seeds Of
Confusion and Tyranny

Toledo, OnlO., Marcn S.-PreSluent !
Taft made answer here tonight to the
propaganda for the recall of judges !
and for the more recent proposal for /
the recall of judicial decisions. His |
topic was THE Judiciary and Prog |
ress" He made no direct reference /
to Colonel Theodore Roosevelt nor to /
the latter's speech at Columbus, but /
referred freely to some of the poll
cies that were enunciated by the for
mer president before the Ohio con
stitutional convention.
Utterly without merit or utility and !
reactionary instead of progressive;
crude, revolutionary, fitful and I'M
stable We're the terms in which the
president referred to the recall meth
cd of reversing judicial constructions
of the constitution.
Il have examined this proposed
method of reversing judicial decisions
on constitutional questions with
care" President Taft said. Il do not
hesitate to say that it lays the axe
at the foot Of the tree of well ordered
freedom and subjects the guarantees
of life, liberty and property without
remedy to the fitful impulse of TEN
porary majority of an electorate"
Government by unanimous vote Of
the electorate" he said, lis impossi-
BILE, and therefore the majority of the
electorate must rule. We find that
government by the people is, there
fore, under our present system gov
eminent by majority OF one fourth
of those whose rights and happiness
are to be affected by the course and
conduct of the government This is
the nearest to a government by the
whole people we have ever had Wo
mems suffrage will change IT'S and
it is doubtless coming as soon as the
electorate can be certain that most
women desire it and will assume its
burden and responsibility.
1T was long ago recognized that
direct action OF temporary majority
of the existing electorate must be
limited by fundamental law; that is
by constitution intended to protect
/ the individual and the minority of the
4 electorate and the non-yoting major
/ ity OF the people against the unjust
/ or the arbitrary action of the major
ity OF the electorate
1T is a complete misunderstanding
of our form Of government" the pres
ident said, "or any kind of govern
ment that exalts justice and righte-
BUSINESS, to assume that judges are
bound to follow the will OF a major
ity OF an electorate in respect of the
issue for their decision
AT this point the president repeated
his former declarations that the ju-
dicial system was not as perfect as
il might be made. and called atten-
ton to his speeches and messages TO
Congress urging reform in procedure
He spoke Of delays and the costs of
litigation
The president then took up the pro-
posed remedies; First, the recall of
judges, and later the recall OF judicial
decisions Than the recall Of judges
he declared, there could not be a sys.
TEN better adapted to deprive the
judiciary OF that independence with
out which the liberty and other rights
of the individual cannot be maintain
ed against the government and the
majority" If the impeachment were
too cumbersome a proceeding TO ap
ply to court judges, he proposed a
tribunal for the removal of judges foi
cause.
OF the recall OF judicial decision
President Taft said in part: This /.
remarkable suggestion and one
which is so contrary to anything IN
government heretofore proposed thai
it is hard to give to It the seriou.
consideration which II deserves be
cause Of its advocates and of the con
ditions under which Il is advanced.
"Whatthis recall Of decisions will
amount to II applied to constitution
/ al questions is that there will be {
suspension of the constitution to en-
able temporary majority Of the cleo
torate to enforce popular but in
valid act"
Can II be that the power OF n tenn
porary majority OF the electorate b,
a single popular vote to do away Will
rights secured TO individuals whlcl
have been inviolable for seven hun
dred years since the days OF the Mas
, ma Charta, approves itself to thos,
} who love liberty and who hold dea
I its sacred guarantees7
3 Would we not In giving such pow
erful effect TO the momentary impuls
of majority of an electorate. pre-
: pare the way for the possible exeI
else Of the greatest tyranny?
{, Finally, ask what Is the neces
sity for such a crude, revolutionary
fitful aud unstable way Of reversin
judicial construction Of the constitl
ton. Why If the construction
r wrong can II not be righted by col
r stitutional amendments
IAN answer made TO this Is tha
the same judges would oonstrue tn
amendment and defeat the popula