The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1912-03-07
MIR. ROOSEVELT
ON THE RECALL

7" l am not advocating the re
call of judges. l am advocating
a measure which if adopted will
prevent the necessity of the recall
of the judges.
My proposal applies only t.
the Legislative acts which the
courts declare unconstitutional.
refer specifically to laws passed
in the collective interests of the
whole community passed by the
Legislative body, in the exercise
OF the power to promote the gen
eral warfare, in the exercise OF
police power, which is inherent
in the Legislature. If such a law
duly dealing with the collective
interests of the community as a
whole passed by the legislature
and signed by the governor is
declared unconstitutional by the
court, ask that the people be
given the right if they choose to
exercise that right themselves
to pass final judgment upon the
proposition.
My proposal is that then, if
the court has decided that the
legislators, plus the executive
have exceeded the power granted
by the people to them under the
constitution, the people them
selves shall have the right to say
whether their representatives in
the legislature and executive of
flee were right, or whether their
representatives in the court were
right. Provision should be made
that no vote could be had save
at a regular election, no less than
six months distant after the APP
peal to the people ID made.
In that case you see that the
minimum time would be two
years of discussion which would
include the first election, which
would include the discussion be-
fore the committee, which would
include the discussion before the
house, which would include the
discussion before the governor,
which would include the discussio
before the court, which would in
clude the decision Of the court
and which then would include
the six months discussion before
the people finally. and definitely
acted"
Mr.. Roosevelt here quoted an
opinion by Justice Holmes of the
federal supreme court that the
police power extends to all the
great public needs. It may be put
forth in aid Of what is sanction
ed by usage or held by the pre-
vailing morality or by strong
and preponderant opinion to be
greatly and Immediately neces-
sary to the public welfare.
Continuing, Mr.. Roosevelt said !:
"All l advocate is giving the
people of the several states the
right to put that opinion into
practical effect as part of the
law of the state, if the state
court declines to follow the ex-
ample of the supreme court in
the matter.
1.-THE court of appeals of the
state of New York, in the work
ingman's compensation act, re-
ferred in their opinion to this
very decision, to the very lam
guage | have quoted and refused
to follow it. All ask is that the
people themselves in such case
shall be given a chance to de-
clare whether they will stand by
the supreme court of the nation
when it stands for human rights
or by the chief court of their
own state when it stands against
human rights. If this is revolu-
ton, make the most of it.
Il stand at opposite poles from
those worthy gentlemen whose
conceptions of the relations be
tween the constitution and the PEG
pie are that the constitution is a
straightJacket to control an un-
ruly patient. | regard the con-
stitution as means for giving
the fullest expression to the de
liberate and well thought out
judgment of the American peo-
pie and | feel that any state
constitution which fails to pro-
vide a means for giving such full
expression to the deliberate and
well thought out judgment of
the people of the state falls short
of what a constitution should be
under our system of government. !"
-O
COUNTY COURT.
The board of county commits