The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-03-20

to turn public reason into the way OF sophistry,
let us commend the Philadelphia North Ameri-
can. 1t is but fair to say that In performing
this feat is proves itself villain in the interest
of a single prejudice that MARKS 1t human.
Otherwise, the American is earnest unbiased.
progressive. Touch Roosevelt, and everything
unloyey in the Roosevelt philosophy seems to
ind repetition with the North American.
raised to the nth power of adroitness.
For instance. in an editorial discussion OF
the recent patent law decision of the Supreme
Court of the United States. decided by ma
jority of one of the bench, the North Amer-
undertakes to square this matter with the
recall of judicial decisions by quoting Chief
Justice whites dissenting opinion, in which
lac recommends that Congress pass law to
cure the defects which the Courts decision
raises This. as the Roosevelt champion secs
II, is an endorsement of the idea that popular
crinion should avail to change the judicial
construction OF the Constitution, and citing
Chief Justice Whites opinion, it says
1t has also been argued that definite endorse
ment by Republicans ot AN enabling act would
have compelled Democrats also to set forth a
cear-cut temperance policS thus placing both
parties in line with the Statewide cause and
practically inslirng its success The Repuh-
having baked irlevocably at any such
program. 1t is In order for those persons who
have been Specializing the possibilities to re-
wise their theories. They VIII have to come IL
the conclusion that the battle must be waged
under the old conditions; that within the
Democratic party the issue will have to be
fought To a finish. We have no doubt that In
this conclusion they win find much solid COM
fort and not little consultations; for to have
separated themselves FROM honored and familiar
associat ions to wander after a combination fash
toned and guided by Federal oficehoidcrs would
have been painful experience. Long ago We
predicted that only within the ranks of Democ-
racy would the temperance question i'll Virginia
find It's proper settlement, and recent events
seem TO Justify that prediction abundantly,-
Roanoke World
OF course, trained mind will instantly see
that this resume of dissenting opinion from
high court has no logical relation to a doc
I.trine that proposes to interpose to the learned
aud logical differences from judicial majority
OF a man sworn TO execute the law according
to his lights and uniformed and passion in
cited opinion law of mass of voters whose
real adherence to law is matter of faith and
not OF understanding. 1t will instantly appear
| that there is vast difference between Justice
of the Supreme Court who thinks his fellows
have erred. advising Congress to amend the
law which the Supreme Court has construed and
the idea that If the construction of the law does
not suit the cohorts of whatever boss happens
to be In power that construction can be re-
pealed by popular election. In the editorial
referred to the North American carefully hides
the pregnant fact in the whole matter: that
Congress passed the law, and the Supreme
nputr ,a6 In fbar dc hn
Supreme Court. by majority decision only
told Congress what it had done. 1t leaves Con-
gress with the light of it's act before it, to
do what it will to remedy it's own--not the
Courts --blunder.
The effort to read into Chief Justice Whites
dissenting opinion in this case an apology for
the recall of judges is strictly par with
those newspapers hostile to Mr., Roosevelt
which read into the HilIsvlle tragedy causa-
ton having to do with that doctrine Hills
vile probably never heard of the recall
Justice White has certainly heard of 1t, only
to shudder at it's possibilities; One of the
hardest things which a passionate champion
ship Of anything has to contend with is the
Iesuitical inclination to be unjust to serve an
end. Such a failing Is particularly regrettable
when il happens to n newspaper con-
spicuously fearless as general rule,