The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-29

accept 1t. accept 1t with reluctance
and hedge around 1t with every spe-
cies OF restriction and check and bal
ance so as to make the power OF the
people as limited and ineffective as
possible. Mr.. Taft fairly defines the
Issue when he says that our govern
ment is and should be a government
OF all the people by republican part
OF the people. This is an excellent
and moderate description OF an dig
archy. 1t defines our government as
government for a few OF the people.
am not speaking critically nor do
mean to be unkind. for believe that
many honorable and we'll meaning
men OF high character take this view
and have taken it from the time Of
the formation OF the nation Essen
TALLY this view Is that the constitu-
ton is strait jacket to be used for
the control Of an unruly patjent-the
people. Now | hold that this view is
not only false, but mischievous, that
our constitutions are instruments de-
signed to secure Justice by securing
the deliberate but effective expression
Of the popular will, that the checks
and balances are valuable as far and
only so far as they accomplish that
dellberation and that it is warped
and unworthy and improper construc-s
uon OF our form OF government to see
IN 1t only means of thwarting the
popular will and of preventing justice.
Mr. Taft says that every class"
should have voice" in the govern
ment. That seems to me very SER
ious misconception of the American
political situation. The real trouble
with us is that some classes have had
too much voice. One of the most i'm
portant OF all the lessons to be taught
and to be learned is that man should
vote not as representative of class,
but merely as good citizen, whose
prime interests are the same as those
OF all other good citizens.
Taft's disbelief in the People,"
Mr.. Taft again and again in quota
lions | have given and elsewhere in
this speech expresses his disbelief 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 majority
OF an electorate and prepares the way
for the positive exercise of the gross
est tyranny" Elsewhere he speaks
OF the "feverish uncertainty" and "un-
stable determination of laws" by tenn
porary and changing majorities, AM
again he says that the system | pro-
pose, would result in suspension or
application of constitutional guaran-
tees according to popular whim,"
which would destroy "all possible cor
sistency" in constitutional interpreta-
ton. l should much like to know
the exact distinction that is to be
made between what Mr.. Taft calls
''the f1tful impulse of a temporary
majority when applied to question
such as that raise and any other
question. Remember that under my
proposal to review a rule of decision
by popular vote, amending or con-
STRUNG to that extent the constitu-
ton could certainly 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 cleo
ton of man as president to fill for
four years the most important 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 de-
cision of the people about the presi-
dency, after four more years of DELHI
Grafton, is to be treated as next to
the voice of God" but If after two
years of sober thought they decide
that women and children shall be
protected in industry or men protect
ed from excessive hours OF labor I'M
der unhygienic conditions. or wage
workers compensated when they lose
| life or limb In the service of Others
| then their decision forthwith becomes
within" and feverish "and unstable"
and an exercise OF the "grossest tyran-
n.y. and the laying OF the axe at the
foot Of the tree Of freedom"
That is the old, old doctrine which
has been acted upon for thousands of
years abroad and which here in Amer
lea has been acted upon sometimes
openly, sometimes secretly, for forty
years by many men in public and in
private life, and l am sorry to say by
many judges, doctrine which has in
fact tended to create bulwark for
| privileges, q bulwark unjustly protect
ing special interests against the rights
Of the people as whole. This doc
trine Is to me dreadful doctrine, for
its effect 10, and can only be. to make
the courts the shield of privilege
against popular rights. Naturally. ev-
cry upholder and beneficiary of crook
ed privilege loudly applauds the doc
trine 1t is behind the shield of that
doctrine that crooked clauses creep
into laws that men Of wealth control
J legislation.
Remember. am not discussing the
recall of judges-although wish it
distinctly understood that the recall
Is mere piece OF machinery to take
| r. 4.