The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-08-29

Balance Of This Week.
that the demand that the courts sh III
automatically accept the impressions Of
the multitude proceeds upon a miscon-
Geptioh OF the judicial office: lie insis. ed
that Judge has no constituents; he ad-
ministers not the cdiCts OF the people
but their laws and statutes; and he Is
NOT concerned with anybDdy's wishes. bu.
with rights: and the poised and bala need
scales OF Justice are the insignia OF his
ofnce, and not the ballot box
He urged as an additional reason why
1he opinion OF the majority I'm the United
states should not prevail over the con-
stitution, that each state and It's people
nave rights under the constitution. which
must be observed by following constItu-
tional methods of amendment.
Sea of Uncertainty.
He considered that construction OF the
constitution, according to the will OF the
majority. would set the administration OF
law ahoat upon a OF uncertainty and
would be contrary 20 the underlying prn-
clples OF the compact In the constitution
He appealed to history TO demonstrate
that the DEGREES OF n changing paiority
are often unwise and sometimes unjust:
In our constitution this tendency has
been corrected by the formal enumera
ton Of fundamental principles which can
not be altered except In the way pre-
scTibed; he said there Is no other way
DN winch IN a. democracy lne weak s''n
be safegua rded from the iniustices OF t1e
strong or the few protected against the
aggressions OF the many
He recognized the liability of Judges to
err. but did not think this could be cor
rected at the ballot box, where MEN are
counted and not measured, He thought
that II Judges cannot be persuaded oy
the general voice OF reason. they Will
eventually be supplanted and In the long
run the popular view will prevail, II
fODD6ad on sound premise. other Wise II
should not
It Is delusIon TO think that by put
ting ballot into the hands OF voter
you can put wisdom into his head, or
that an aggregation OF individuals can
reach accurate conclusions by processes
differing from those Of the single inoi-
Idual.
He recognized the present political
views and the cry that has gone out
that the people shall take direct n'anpi inStie-
ment of the government by me In rn'tth ,i,o
tive, the referendum and the recall the
desirabtltty OF these. however, Is 70 oe
tested only by their practical eniciency
He pointed out that n the people shoulo
construe the constitution. there would De
tendency to avoid uniformity In It's con
str1lction. and to construe 1t TO meet ex-
ceptionai cases, and finally that nights
would be held at the mercy OF me r;tn IraIS'-
tory opinions OF a changing majority ,
He emphasized that every provision ot
the constitution has history, and mat
voters could not act intellfgently IN ,snol
OF the steadying influence, Of the iesa.
orofess,on AT this time; and showed thae
tile demand for. progressive Ios,s,a.'u,i y
| must be met only upon the sound ana a,n
| enduring basis or private rien's anu u'
| tibutive justice
| He declared that this could be oone
| better through representative agencies
| than by direct vote OF inc peopae. ID S'IIs IIs
| said proSress consists In gettthg Det-
ter product. not in smashing the pro pro
duci1g appliances and setting up amer,- er,
cient substitutes. To destroy govern
menial methods Of civilization TO revive
nriInitiye methods Of the tribe IS not ao-
| yancement but reaction
Return to Wigwanls.
He nlsencd this TO driving out arcm,-
tects and builders. and return 10 VIE
| vans He is unconvinced THAT sirens u
| to iiSt a ballot is evidence OF ahlh1y 10 70
r,alsa laws, or that the skill 10 cast ~ Is
evidence of the wisdom 10 interpret ''''
In his opinion, society advances Dy
,tiii-,np services, and not by doing every
thing itself Both law niah,ng ing ,njma a," n,G
cons, contrasiion u,asi Of effort which the, people
nnus ncither timo nor persistent incnna-
ton TO exert ,,s lone NOW dc.
,,,a,ded for the people for better honrS
~ iabor better sanitary condltlons. Nv
INC wages. compensation ior HJurres Jr,'n,
ton Of social justice While ennrfsIs tSs anc 9s
leslsiatu' I ortor hasty and unconstitn'
IIo., mand 1T the Is Ola" blame Should be put .,
iUS the courts but the iegisistnre ct aT Cd ,n a,
s%ampe q such essatSfh Yask %hens RE It s's is
Ives So'e clear n NfT that iVi~ there was make,
solhn,s saKinr Of the property Of employer i9 70
Snf q t sse ep4obossa o%ssaa feSSsS
dtstimginniin,atv' gini,tr or employers engaged In In
tsTstate tsT i Commerce one which GonPsfa fa
safes hoth employer and n einp,oSee S sir ~
. : rights which both are rco"''eu - '''
render,
2 Must Preserve Constitution
I 1Jo aenied that courts exaIt tne risnr Ell
-, nrnnerty above the rights vi INN nm.
g W y. l.. orlzcl This as CnlCl pIIh..