The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-01-07
ROOSEVELT ON THE COURTS,

II really seems surprising that a man
Of Roosevelt IS undoubtcl intelligence
ana large acauircmcnts should take the
position which he docs toward the
courts, He has for a good many wears,
been crltising the courts, and at times
dcnouncing judges. His latest utter
ancc in this direction is an editorial in
the Outlook, in which he claims that
the power Of declaring laws uuconsti
tutiona that havc been passed by Con-
eress has been abused, and that re-
straInt upon the courts Is necessary to
prevent further abuses Of the same
kind, His basic idea is the assumption
that he courts in deciding that statutes
passed by Congress arc unconstitu-
tonal is usurpatlon OF power not con
tempIatcd, by the trainers Of the Gov
crnmcnt and injurious 10 the interests
oC the people, Aud he calls for some
sort of restraint upon the courts TO
prevent the further use Cor, as he might
say, abusc,) of this power In this con
nection he suggests referendum,
which would be immensely cumbersome,
tedious. and troublesome; and, after al, ,
il would afford no remedy whatever.
For, "A statute Judged by the courts TO
be unconsti itutional would not be vail
dated by u vote of the people, even if
the people should vote unanimously to
confirm No such vote could possibly
he interpreted as au amendment of the
Constitution, or AS cXenIpting such
measure from the inhibitions OF tho
Constitution that the courts might find
uueatory Of tho proposed statute.
1t is all very well 10 talk about the
people S rights and the processes Of en-
forcing them; but. the peoples rights
must be enforced i'm the constitutional
way. and by the regular procedure Of
government There is no way to place
in the hands of the people, aside from
the constitutional ways. the power ana
authority which undoubtedly rests
eventually with the people; all the pro
ccsses must conform TO the laws. But
the people have adopted constitutions
and frameworks Of government, first
National, and then State. Everything
government must be conducted through
| the regular channels. 1t is sheer dem
| aeogy 10 talk about the people operat.
| iug or enforcing their rights in any
other way than in the way laid down IN
| the constitution and the taLutes. And
| the courts are, and must be, tho arbit.
ers TO Judge Of the legality of what is
lone.
| In considering this matter, it is quite
impossible for constitutions TO be g-
norcd. They are the fundamental law,
and upon them all procedure is based.
| If statute is passed that is subversive
of constitutional principles and terms,
| that statute cannot stand But the
! only wav to ascertain whether statute
| is thus obnoxious TO the constitution is
TO submit it 10 the tests Of the courts
aud TO the application of constitutional
principles as made by the Judges. That
is the only possible way under our sys.
| TEN Of government in which laws can
be tested: and the necessity for such
test has been amply proved, it is not
only idle and futile TO talk about any
other method. IT is revolutionary. Col
Roosevelt is a man Of sufficient iufor-
nation aud intelligence to be able to
comprehend this, or else he is losing his
reasoning faculties. But, If he is losing
his reason, then he Is dangerous man
Ii he is not losing his reason. but i:
indnlglng in this demogogic talk mere
" to win the applause of the unthipk
ing, then he is even more dangerous.
1t is very serious matter when q
man in Col, Roosevelt's position. who
has been President OF the United