The Whitefish pilot. [volume] (Whitefish, Mont.) 1904-current, 1912-03-28

men, VINO. down at the bottom, OlS
trust popular government and whei
they must accept it, accept it with re
luctance and hedge around 1t witt
every species OF restriction ana check
and balance so as to make the powe1
OF the people as limited and as inef
fective as possible. Mr.. Taft defines
the issue when he says that out gov
eminent Is and should be govern
ment OF all the people by reputable
part OF the people. This is an excel
lent and moderate description OF ar
ol:garchy. 1t defines our government
as government Of all the people by
. few Of the people.
! am not speaking jokingly nor de-
] mean to be unkind. for repeat that
many honorable and wcll meaning
men Of high character take this view
and have taken II from the time OF
the formation Of the nation. Essential
Iy this view Is that the constitution is
strafghtjacket to be- used for the
control OF an unraly patient-the PEG
pie. Now. hold that this view Is no:
emily false. but m;schieviuus; that GU,
constitutions are Instruments designer
to secure justice by securing the dc
liberate but effective expression d!
the popular will that the checks and
balances are valuable as far and Only
80 far as they accomplish that &c
liberation and that it is warped anH
unworthy and improper construction
OF our form OF government to see IN il
only means OF thwarting the pcpu
lar will and Of preventing Justice. Mr.
have a voice" in the government
That seems to me very serious mis-
conception of the American poltical
situation. The real trouble with us
Is that some classes have had toe
much voice. One of the most impor.
tart OF all the lessons to be taught and
20 be learned is that a man should
vote not as a representative OF class
but merely as good citizen whose
prime interests are the same as tauSc
Of all ether good citizens.
Ta!t's "Dis5c;lef in the People"
Mr. Taft again and again. in quota.
tstions ! have given and elsewhere
through his speech. expresses his dis.
belief iii the people when they vote
1t the polls. In one sentence he says
hat the proposition gives powerful! e:.
'ect to the monentary impulse of
majority OF Tn electorate and prepares
he way for the positive exercise Of
srossest tyranny. Else where he speaks
u the "feverish uncertainty" and "un
stable determination" Of laws "by
temporary and changing majorities,"
md again he says that the system ]
propose would result in suspension
u application Of constitutional guaran-
ees according to popular whim."
which would destroy "all possible con.
'istency' in constitutional interpreta-
ion. should much like to know the
exact distinction that is to be made
between what Mr.. Taft calls 1.-The fitful
impulse 1T a temporary majority
when applied to question such. as
that raise and any other question.
Remember that under my proposal to
review a rule or decision by popular
7ote. amending or constructing to that
extent the constitution, would certain.
y take at least two years from the
line OF the election Of the legislature
which passed the act Now. only four
months elapse between the nomination
Ind the election OF q man as president
o fill four years the most important
'ffce In the land. In one Of Mr.. Taft's
lpeecheS he speaks OF ''tae voice of
he people as coming next to the voice
II God" Apparently. then. tire de
:iston Of the people about the presi-
iency. after four more years. delibera.
ion. Is to be treated as next to the
voice Of Cod" hut IT after two years
II sober thought they decide that
women and children shall be protect.
ID in industry, or men protected from
hours of labor under unhy.
genie conditions. or wage workers com.
when they lose life or limb
n the service OF others. then their de-
Vision forthwith becomes 4 "whim'
sA'N AS'SAAou ouu ouUldOIe ana an eX-
.rctse OF the grossest tyranny" and
he laying Of the axe at the foot OF
he wee Of freedom"
This is the old, old doctrine, which
las been acted upon for thousands of
Years abroad and which here in Amer.
ca has been acted upon sometimes
openly, sometimes secretly, for forty
1ears by many men in public and in
private life. and am sorry to say
~ many judges; doctrine which has
n fact tended to create bulwark for
privileges. a bulwark unjustly protect.
ng spltnts against the rights of the
people as whole. This doctrine is
o me a dreadful doctrine. for it's ef-
ect is, and can only be. to make the
courts the shield of privilege against
popular rights. Naturally. every ND.
lolder and beneficiary of crooked
privilege loudly applauds the doctrine.
t is behind the shield of that doctrine
hat crooked clauses creep into laws
md men of wealth control legislation.
Remember, l am not discussing the
ecall OF judges-although l wish it
distinctly understood that the recall is