The Birmingham age-herald., 1912-03-09

Illinois, manager of President Tatt campaign The bill was supported and will be passed by the House tomorrow. Representatives Roddenbery and Tribble of Georgia were the contend CTS They said that many items in the pension measure were unfair and de clared they would oppose its passage. | "even if 1t took all night Leaders of the majority, including Representative l Underwood, appealed to them in vain to cease their opposition.
 | At first Representative Roddenbery alone opposed the quick passage or the bill. For several hours he inveighed
 
 suspension of application of constitutional guaranties according to popular whinl.
 eve would have then a system of sus- pending the constitution to meet special instances. But the main argument used to sustain such a popuplar review Of ju- dicial decisions is that if the people are | competent to establish constitution | they are competent to interpret 1t ana | that this recall of decisions is nothing 1 but the exercise of the power of interpre- tation.
 | "This is clearly a fallacious argument. 1 The approval of general principles Tn a constitution on one hand and the inter pretation of statute and consideration | of it's probable operation in a particular case and it's possible infringement of a | general principle on the other hand, are very different things
 1 Present System Is Simple I "1'he one is simple, the latter complex, | and the latter when submitted to a popu- lar vote as already pointed out, Is much moro likely to be turned into an issue Of | general approval or disapproval ot the act on it's merits for the special purposes or it's enactment than upon it's violation or the constitution. Moreover, popular ma | iority does not adopt a constitution, or | any principle of it, or amend it's terms, | until after it has been adopted by con stitutional convention or a legislature, and | the final adoption is. and ought to be, sur rounded with such checks and delays as to secure deiberation.
 | "Can it be that the power of a tenn porary majority of the electorate by a ! single popular vote to do away with rights | secured to individuals which have been | inviolable for TOO years since the days or 1 the Magma Charta, approves itself to ! those who love liberty and who hold dear it's sacred guarantees?
 "Would we not in giving such powerful effect to the momentary impulse of ma | jority of an electorate, prepare the way | for the possible exercise of the greatest 1
 | tyranny?
 "Finally, I ask what is the necessity for | such a crude revolutionary, fitful and un- stable way of reversing judicial construc- tons of the constitution. Why, if the | construction is wrong, can 1t not be right ed by constitutional amendment? "Anf answer made to this is that the | same judges would construe the amend ment and defeat the popular will as sn the first instance. This assumes dishon- esty and a gross violation of their baths of duty on the part of the judges, hypo- thesis utterly untenabe.
 | Are Making Progress
 q agree that we are making progress and ought to make progress In the shap- ing of governmental action to secure greater equality of opportunity. to destroy the undue advantage of special privilege and of accumulated capital, and to re- move Instructions to the pursuit of hu- man happiness; and in working out these difficult problems we may possibly have from time to time, to limit or narrow the breadth of constitutional guaranties in re- l spect of property by amendment. "But if we do 1t let us do it deibsr- | ately, understanding what We are doing, and with full consideration and clear weighing of what we are giving up pf private right for the general welfare. L's do uo IL uIfutF tlftuiliStductS WHltn | make the operation of the change uniform and just. and not depend on the feverish, uncertain and unstable determination of successive votes on different laws by tenn porary and changing majorities.
 Such proposal as this is utterly with l out merit or utility. and, instead of being l progressive. is reactionary: instead 3f being in the interest of all the people and of the stability of popular government. IS sowing the seeds of confusion and | tyranny Refers to Treaties
 Touching matters outside his prepared | speech, President Taft told of his disap- pointment over the Senate's amendment Of the proposed arbitration treaties with Great Britain and France. He said:
 .'The Senate's action makes it doubtful
 whether the treaties will be accepted by the countries with which they are ie- signed to deal and also makes il doubtful whether the chief executive of this coun- try should proceed with them.
 '.The whole subject probably will have to be gone over again. 1 am not d:ynour aged. 1 am merely disappointed. be- ieve the people were in favor of ratifying those treaties as they were. War IS such a horrible method of settling controversies Il that the people want none of it if they can help.
 President Tafts appearance at the coll scum was attended by cheering and WAY ing of myrids of small flags held up by the seat holders. Crowds of people were
 turned away for the lack of seats for ! them.
 Makes Dozen Speeches
 hffer ay spent for the most part on nt rear platform of his pri- vale caT President Taft concluded ] H.s hIef campaign through east era en3 nbthern Ohio here tonight i On tne EaY north from Pittsbirg to l imeeo tss resident made more than a