The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-03-18
TAFT IS WARMLY GREETED
ON HIS TOUR THROUGH OHIO
Recall Of Decisions Scored.

Recall Of Decisions Scored
Let us examine the other method
proposed for the reform of the Judi.
ciary. That is a recall of decisions. by
this method, when a Supreme Court
has found law intended to secure
public benefit to be invalid because It
infringes some constitutional limita-
ton, the decision is to be submitted
to a vote of the qualified electors, and
if a majority of them differ from the
Court and reverse the decision, the
law is to be regarded and enforced rs
valid and constitutional.
This is a remarkable suggestion,
and one that is so contrary to any
thing in government heretofore pro-
posed that it is hard to give it the
serious consideration that it deserves
because of it's advocates and of the
conditions under which it is advanc-
ed.
What the Court decides is that the
enacted law violates the fundamental
law and is beyond the power of the
Legislature to enact But when this
issue is presented to the electorate,
what will be the question uppermost
in the minds of most of them and
forced upon them by the advocates IF
the law? VIII it not necessarily be
whether the law is on its merits
good law rather than whether it con-
fiicts with the Constitution? The in
depreciation of the Constitution and
the operation of law to violate some
limitation of that instrument are
often, nice questions to be settled by
judicial reasoning and far-sighted eX-
perience, which are not to be expect
ed of the electorate. If the issue is
transferred to them the simple ques
ton will be of the approval or disap-
proval of the law. What this recall
of decisions will then amount to, if
applied to constitutional questions, is
that there will be a suspension of the
Constitution to enable a temporary
majority of the electorate to enforce
a popular but invalid act.
Destroys all Consistency.
"A most serious objection to the re-
call of decisions is that it destroys all
probability of consistency in consti-
tutional Interpretation. The majority
which sustains one law is not the
same majority that comes to consider
another, and the obligation of con
sistency of popular decision is one
that would sit most lightly on each re-
curing electorate and the operation
of this system would result in the sus
pension or application of constitution
al guarantees according to popular
whim. We would then have a system
of suspending the Constitution &c
meet special cases. The greatest o.
all despotism is a government OF
special instances.
Finally I ask what is the necessity
for such a crude, revolutionary, titfu
and unstable way of reversing judi
cial construction of the Constitution
Why, if the construction is wrong, car
it not be righted by a constitutions
amendment? An answer made to thij
is that the same Judges will constru
, the amendment and defeat the popu
: lar will as in the first instance Thu
assumes dishonesty and gross viola
ton of their oaths of duty on tn,
, part of the Judges, hypothesis utter
r ly untenable.'
Peace Cause Not Defeated.
, Touching outside his prepare
, speech, President Taft told of his dis
!. appointment over the Senate's amend
v ment of the proposed arbitratio
:. treaties with Great Britain an
!. France.
"The Senate's action made it douD
full whether the treaties will be n
y copied by the countries with whic
: they are designed to deal, and ais
a makes it doubtful whether the Chic
9 Executive of this country should PR
coed with them.
II THE whole subject probably WI
r have to be gone over again. am nc
4 discouraged; l am merely disappoin
p. ed. believe the people were in fave
If of ratifying these treaties as the
+. we're. War is such a horrible methc
! Of settling controversies that the pc
n pie want none of it if they can he
a. it,"
u IIIAIFP0 A00IIT