Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-03-23

where the Judge Is a~scertaining the
p-reponderant opinion of the people Gas
Judge Holmes states it. When he ex-
ercises that function he has nc right to
let his political philosophy reverse and
thwart the will of the majority. In
that function the judge must represent
the people or be fails in the test the SD
preine court has laid down. Take the
workinen's compensation act here in
New York. The legislators gave US a
law In the interest of humanity and
decency and fair dealing. In so doing
they represented the people and repre-
scented them well. Several judges de-
clared that law constitutional in our
state, and several courts in other states
declared similar laws constitutional.
and the supreme court Of the nation de-
clared a similar law affecting men In
interstate business constitutional, but
HE highest court In the state of New
York, the court of appeals, declared
that we, the people Of New York, could
not have such a law. ] hold that 10
this case the Legislators and the judges
alike occupied representative positions
The difference was merely that the for
mer represented us well and the latter
represented Us I'll. Remember that the
legislators promised that law and were
returned by the people partly In conse-
quence of such promise. That judg-
ment of the people should not have
been set aside unless 1t were irrational.
Disbelief In the People.
Mr.. Taft again and again, in quota,
tons / have given and elsewhere
through his speech, expresses his dis
belief In the people when they vote at
the polls. In one sentence he says
that the proposition gives powerful
effect to the momentary impulse of a
majority of IN electorate and prepares
the way for the possible exercise Of
the grossest tyranny" Elsewhere he
speaks of the "feverish uncertainty
and unstable determination" of laws
by temporary and changing MAORI
ties" and again he says that the sys-
tenn | propose would result in suspen-
5iOu VI ADDilldllOu VI tOlstltullO1lli
guarantees according to popular within,
which would destroy ''all possible con
sistency" in constitutional interpreta-
ton. | should much like to know the
exact distinction that Is to be made
between what Mr.. Taft calls "the fitful
impulse of a temporary majority"
when applied to a question such as
that l raise and any other question.
Remember that under my proposal to
review a rule of decision by popular
vote, amending or constituting, to that
extent, the constitution, would certain
ly take at least two years from the
time of the election of the legislature
which passed the act. Now, only four
months elapse between the nomination
and the election of a man as president
to fill for four years the most impor-
tant Office in the land. In one of Mr..
Taft's speeches he speaks of 'the
voice Of the people as coming next to
the voice of God" Apparently. then.
the decision of the people about the
presidency, after four months deliber-
alton, is to be treated as next to the
voice of God" but If after two years
of sober thought they decide that wo
men and children shall be protected in
industry, or men protected from exces-
sive hours of labor under unhygienic
conditions. or wageworkers compen-
stated when they lose life or limb in
the service Of others, then their deci
ZfNn fNrfh u-ith hnanr1nd q ftUhtmb onH
"feverish" and unstable" and an ex-
ercise of the grossest tyranny" n
the "laying of the AK to the root of the
tree Of freedom"
Buiwark Of Privilege.
1t seems absurd to speak Of a con
clusion reached by the people after two
years elaboration, after ~thrashing the
matter out before the legislature, after
thrashing it out before the governor.
after thrashing 1t out before the court
and by the court. and then, after full
debate for four or six months, as 'the
fitful impulse of a temporary major
ity." If Mr.. Taft's language correctly
describes such action by the people
then he himself and ali other presi-
dents have been elected by "the atful
impulse of a temporary majority"
then the constitution of each state and
the constitution Of the nation have
been adopted, and all amendments
thereto have been adopted, by 1.-The fit
full impulse of a temporary majority"
II he is right it was 1.-The ftful impulse
Of a temporary majority" which found
ed and another fftful impulse which
perpetuated this nation. Mr.. Taft's po-
sitIon 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 gov
ern 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,