New-York tribune., 1912-02-27

in recent decision in the Oklahoma BANK
case-and / quote mis- words verbatim. ,ro
ut may nc said in general way Una. ,,,c,t OF
| police power extends TO all the sI,dqii
/ public. needs II may be put forth ~ e. o..
| OF what is sanctioned by usage or heIo u1
! the prevailing morality or by strong, dlIu %
| nrepondeTaut opinion 20 be greatly ana VI,
| Inedistely ntcassary TO the public weiiare. g.,
| Justice Holmes has put the claim ~ ~
the exercise Of the police power 10y w
state even more stronslE tndn and
! that opinion Of Justice Holmes was CIV"
| I'm handing down the decision OF me -
preme Court Of the United states, ana 'na ,
/ opinion is now part Of the supreme Ia"
/ of The land. - ,ho
| All advocate is giving the people OF inc th,
several states the right 10 put that oplllo.ss
into practical effect as part OF tne "a" a fol- ~
the state If the state court declines 10 lV.,
low the example OF the supreme CoulI III
that matter, declines to adhere 70 Ipe W ~
| trine thus laid down hy Mr.. Jusuce 1olIles;;
the nation If the state courts, II tns ,is gu
prpme Court of The nation In its past ms,
| tory and II the several state, coIhtls nc, n9n
| lived up 10 the doctrine Whlch - taiI NoIl AZ.
by Mr. Justice Holmes, none OF Ihe ia u,s
cisions Of which ] have complained C COulu
| have been made. not one of them, ana theI ne, e
would have been no need Of adVocSntins nint nv nv
measure that J advocate, kn,. snnesis .hNf ~ The
I state OF New York. in the NorklnsIndih : 9
! Compensation Act, referred IN thei opI,ion p, oo
10 this very decision, to the very ,,, laiSu e
! I have quoted. and refused TO iono" u ~,
! The Supreme Court held one view, ine
/ Court Of Appeals Of the state looh III III
other view and all ] ask is that the @ @PtoPie =
! chance ia declare whether they VIII stanu
| by tho Supreme Court of the nati0n VIII WIZ
It stands for human rights er by t"e ,anSs
court of their own state WIZ, - ~ ~ ,ovni,i.
against human rights. IL thdI u '''''
! tiOn. make the most OF " 49, .,...o sone
Some people speak az il there were WT,E,, ip
peculiar sanctity in gudiclal opliiIuuI -, -,
such n matter as this Very wen; IN Wnl'''
( onlnionp Which Is the sacred opinion /,
! The decision OF the Supreme court tnae
| have quoted or the decision OF ihe tt'ot s.nott
court that conflicts with w lhe! Sei.tr,,
| both he sacred, and hold that the uesIs'G, i
| that holds for human rights Is sacred. III III
| one case that OF the New York BakesnOr
! case first and last TWENTY-FIVE yuue i
passed upon Il. That was INC cSse ca Ie,r w
/ which the Legislature OF the state oi New
| York. because of the peculiar condlti@ons IONS
of hardship connected with WORK III pdke'
/ les, limited the hours Of work 10 tel "a 4"
day In the interests of the peopi,S t,,es
| passed upon that law: twenty-five luuees'
| first and last passed upon IT, we've ue-
cided that the people had the right TO nave
| such a law, ten decided that they hau ,lu,,
but the ten included i've OF the nine J"usV'
! Il hold that there was nothing more
sacred about the opinion Of the ten judges
who decided against the interests OF tne
] nHOnlN
| twelve Judges who's decided in favor OF the
interests of the people. In this paruculaI
case, the bakeshop case. my pian "ouIut
not apply, because the decision was Il INA az :
of the Supreme Court. Mr.. Justice Holmes
dissented 1t was before the supreme
Court began 20 adopt the pr1nclple set
down by Mr.. Justice Holmes in the OKLA
homa Bank case, which / have quoted, so
that tho remedy have to propose wouid
not meet tnat case. | have inToduced II
only TO illustrate what l mean.
Cites Ontario as an Example.
Again. 10 4isten-te the arguments of GER
tain worthy individuals who denounce the
proposed change, you would think that the
purpose OF the change was 10 SUBSTITUTE lhe
gusty passion of mob for the decision oI
| a court. Just across the st. Lawrence ana
the Great Lakes from the State of New
York lies the great commonwealth OF on
tario. part OF Canada. a commonwealth
with essentially precisely the same Kind or
government as New York precisely the
same kind Of population, precisely the same
problems 10 face in that commonwealth as
In every commonwealth Of Australia and
Canada, as in Great Britain. as In Germany,
as in France. as in practically all other great
civilized nations. In that commonwealth
the court has no power whatever TO declare
a legislative act unconstitutional Now, i
do not want TO go as far as that. ! think
IL is better that we should give the courts
equal power with the legislature. but want
| to keep the people as the Judge between
"
law Is within the power and the right or
the people TO pass. want TO keep the
courts and the legislature az checks upon
! one another In constitutional matters, but
! in those same constitutional matters
! want to make the people supreme when
| ever they think IL Necessary to decide
! between their two agents. the Legislature
aud the judiciary. Ordinarily the Massa-
! Chusetts courts have carefully and wisely
| kept within their constitutional limitations
| and have refrained from interference with
| n q Nrigl ivp
Now, understand, / have no pride OF
opinion in this matter. i am not welded
10 any method. advocate the method
am advocating because IL seems 10 me 10
! offer better chance Of reaching right
solution than any other, but ] am welded
/ 10 the purpose that | uphold. wish 10
put a stop to the courts multiplying laws
which the people deem necessary to their
general welfare. And this means, gentle
men, that there is fundamental will
/ retract that sentence and come to II later.
| ! am perfectly willing TO discuss with any
man as TO what methods are best of achley-
! ing the results that / have I'm view. DIFF
| ferences about method are mere differences
| Of detail, but the difference is fundamental
! between me and those men who hold tina,
1 the people are not. after due thought and
deliberation, 10 find q 2ir desire expressed
! in the law Of the land. 4 stand at opposite
poles from those worthy gentlemen whose
conception of the relations between tho
constitution and the people is that the con-
| stitUtion Is straitjacket 10 control an
] unrNlN Datcnt. i REGARD tnc CONSTITUTION
as a means for giving the fullest EXPIRES
sion to the deliberate and we'll thought out
/ judgment of the American people. and
| feel that any state constitution which fails
expression to the deliberate and well
| thought out judgment Of the people Of the
state falls short Of what constitution
should be under or system OF government
His Opinion Of the Constitution.
| a
that the Constitution was built TO be. Il
! shield against the passions OF the people
| IL that is all that mans conception Is
| of the Constitution, he is unfit to under
| stand what American democracy means.
| The Constitution is, and should be, de-
| signed so 9s TO make IL necessary for the
! people 40 deliberate before they act, and
| my proposal would make II necessary for
minimum before they acted But the Con-
| sutution If il is TO be an instrument for
the promotion of'justice. must be designed
! 10 give effect practical effect to their
| acts when they have thus deliberately re-
corded their judgment In short, friends,
! | hold that tho only safe attitude for MS
! here in America is to take the attitude
taken by Abraham Lincoln. the attitude
| OF believing that if an issue of wisdom
| or unwiSdom, of right or wrong. Is put
| fairly before the people, the people can
| be trusted to make their decision for
| themselves. IL you do not believe in the
people, say so, and abandon our system
| OF government. but above. all things do
| not make believe that you trust the peo-
| pie. DO not IN speech claim to trust the
/ people, and then underhandedry eiIVeador
| so 10 frame the Constitution and the laws
| that YOU shalt trick them out OF their
| right of government
] hold that no man. whether In executive
or legislative or judicial office or in private
| life, has a right TO call himself the servant
OF the people unless he serves first his own
| conscience, unless his prime loyalty is to
/ the mmutable laws Of righteousness. but
! ] hold that II Is his duty 10 endeavOr Ia
get the people to act wisely by a frank and
| honest appeal to them and q readiness 10
abide by their decision. and not by trying
| TO invent ingenious devices which shall
| seem TO give expression tC the popular