Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-03-12

uCoEly q HuuuJ0 WuAlO IAo nuulCAC0 "a
pressed its pleasure with his views in
an uproar Of applause.
Before beginning his set speech Mr..
Taft referred briefly 10 the failure OF
the senate to ratify, as introduced, the
arbitration treaties with Great Britain
and France. His reference to the hor-
rors Of war called forth almost as
much enthusiasm as did his more po-
litical utterances about the Judges.
II have examined this proposed
method Of reversing judicial decisions
on constitutional questions with care"
President Taft said. II do not hesitate
to say that 1t lays the ak at the foot
Of the tree of we'll ordered freedom
and subjects the guarantees Of life, lib
erty and property without remedy to
the fitful impulse of q temporary ma
jority OF an electorate"
The president began with refer
ence to the development OF representa-
tive government in the United States.
The best government, he said, and that
which was certain to provide for and
protect the rights OF every class, was
that government In which every class
had q voice.
Government by the People.
Government by unanimous vote Of
the electorate" he said, lis impossi-
bic and therefore the majority of the
electorate must rule. We find that
government by the people Is therefore
under our present system, government
by majority Of, one-fourth Of those
whose rights and happiness are to be
affected by the course and conduct OF
the government. This is the nearest
to a government by the whole people
we have ever had Women's suffrage
will change this and 1t Ia doubtless
coming as soon as the electorate can
be certain that most women desire 1t
and will assume its burden and re-
sponsibility.
1T was long ago recognized that d.
rect action Of temporary majority OF
the existing electorate must be limit
ed by fundamental law; that is by
constitution intended to protect the in.
dfvidual and the minority of the cleo
minority Of right secured by the
torate and the non-voting majority OF
the people against the unjust or the
arbitrary action OF the majority OF the
electorate"
Quotes Daniel Webster.
President Taft quoted at length
from Daniel Websters speeches on the
necessity of maintaining checks and
balances in q constitution to secure
the guaranty Of individual rights and
we'll ordered liberty and then led up
to his discussion of the judiciary
1T is complete misunderstanding
of our form of government the presi-
dent said "or any kind Of government
that exalts justice and righteousness,
to assume that judges are bound to
follow the will of majority OF an
electorate in respect of the issue for
their decision"
The judiciary. he said, was not rep.
resentative in the sense that the ex-
ecutive and the legislators were.
judges be appointed or elect
ed, because they must enforce the law
as they found it.
''In many cases before the judges
that temporary majority is real par
ty to the controversy to be decided"
the president continued. 1T may be
seeking to deprive an individual or a
law. In such case if
the Judges were mere representatives
Or agents of the majority to carry ont
It's will they would lose their judicial
character entirely and the so-called
of justice would be a
farce"
The judicial System.
At this point the president repeated
his former declarations that the ju-
dicial system was not as perfect as it
might be made and called attention to
his speeches and messages to congress
urging reform in procedure. He spoke
Of delays and the costs of litigation.
But these humdrum defects and
their tedious remedies" he declared.
ARE not of the spectacular character
to call for political discussion or to at
tract effort from politicians in the
passage of remedial legislation. The
formidable attack upon our judiciary
now is that the judges do not re-
spond sufficiently to popular opinion.
1t is said that courts are interpCsing
their obstructive power to the enforce