Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-03-21

whosoevsr sbsIiSvSs IN these separate
classes, each with . voice. inevitably.
even although unoousciously, tends to
work. not fer the good Of the whole
people: but for tho protection q some
special class-usuaily thsty to which
hs himself bslonSs. !.
The same principle applied when
Mr.. Taft says that the judiciary ought
not 30 be representative" Of the peo-
PIE In tho sense that tho Legislature
aud the executive are This 10 perfect
" true Of the Judge when he IL per
forming merely the ordinary func-
tidAs Of Judge In suits between man
and man. It 10 not true Of the fudge
engaged In Interpreting. for instance
the due process clause-where the
Judge 10 ascertaining the preponder-
ant opinion Of the people Gas Judge
Holmes states it). When he exer-
cises that function he has no right to
let his political philosophy reverse
and thwart the will Of the majority.
In that function the Judge must rep
resent tho people or he fails in the
test the Supreme Court has laid
| down.
Mr.. Taft again and again, in quota
uons I have given and elsewhere
through his speech, expresses his dis
belief in tho people when they vote
at the polls. In one sentence he
say. that the proposition gives pow
- % ~ 20 lew,
Of majority Of an electorate and
| prepares the way for the possible ex-
ercise Of the grossest tyranny" Else
where he speaks of the "feverish I'M
| certainty" and unstable Determine
| ton of laws by temporary and
changing majorities;" and again he
says that the, system propose
| would result in suspension or ap-
plication Of constitutional guarantees
according to popular whim." which
would destroy call possible consist.
ency" in constitutional Interpretation.
should much like to know the exact
distinction that is to be made be-
tween what Mr.. Taft calls "the ftful
| impulse Of temporary majority"
! when applied to question such as
! that I raise and any other question.
! Remember that under my proposal to
review a rule Of decision by popular
vote, amending or constituting, to that
extent. the Constitution, would GER
/ tainly take at least two years from
| the time Of the election Of the legis-
| lature which rasBed the act. Now.
only four months elapse between the
| nomination and the election of man
as president, to I'LL 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" Apparent
| ly. then, the decision Of the people
, about the presidency. after fon:
months deliberation. 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 meE pro-
i tected from excessive hours of labor
! under unhygienie' conditions. or wage
workers COMPENSATED when they lose
life or limb in the service Of others,
then their decision forthwith becomes
"whim'' and 'feyerish" AID Gun
/ stable" and an exercise OF the gross
| est tyranny" and the. laying Of the
! ak to the foot Of the tree Of freedo., -
1t seems absurd to speak Of con
! clusicn reached by the people after
/ two years de'iherst;cn. after thresh.
/ ing the matter out before the leeis,
lature, sitter threshins it ont before
! tho governor. alter tnycshing it out
before the court and by the court and
then after full debate for four or six
months. as 'the ftfl,l impulse q: 4
| temporary majority" II Mr. I'ast's
| language correctly deecribes such ac-
ticn by the people. then he himself
and all other presidents have been
elected by "thc stful inanulae of a
temporary Majority" then the con-
stitution Of each state, and the con
stitution of the nation. have been
adopted, and all amendments thereto
pulse of a temporary majority" II he
is right, it was che ftful impulse Of
temporary majority" which founded
and another fitful impulse which, per-
retuated, this nation. Mr.. Taft's po
sition is perfectly clear. 1t is that
| we have in this country special
class Of persons wiser than the peo-
! PIE, who are above the people. who
cannot be reached by the people. bu:
who govern them and ought to govern
them; and who protect various
classes Of the people from the whole
people, That is the old doctrine which
has been acted upon for thousands of
years abroad: and which here IN
America has been acted upon some
times openly, sometimes secretly, for
forty years by many men in public
and in private life, and l am sorry to
say by many judges; q doctrine which
has In fact tended to create a bulwark
for privilege. a bulwark unjustly pro
tecting special interests against the
rights Of the people as a whole. This
doctrine is to mo dreadful doctrine:
for its effect is. and can only be. to
make the courts the shield OF priv
uege against popular rights. Natural!
ly, every upholder and beneficiary OF
crooked privilege loudly applauds the
doctrine. It is behind the shield OF
that doctrine that crooked clauses
creep into laws, that mon Of wealth
and power control legislation. The
men of wealth who praise this doc
- t<