The Birmingham age-herald., 1912-02-27

to any method. I advocate the method l am advocating because it seems to me to offer a better chaICe of reaching right solution than any other. but l am welded to the purpose that I uphold. l wish to put a stop the courts nullfying laws which the people deem necessary to their general welfare. \ Differences about methods are mere differences of detail. but the difference is fundamental between me and those men who hold that the peo- pie are not. after due thought and de- liberation. to find their desire expressed in the law of the land.
 'I stand at opposite poles from those worthy gentlemen whose conception of the. relations between the constitution and the people that the constitution is a straight jacket to control an unruly patient. l regard the constitution as a means for giving the fullest eXpres- sion to the deliberate and well thought out judgment of the American people and I feel that any state constitution which fails to provide a means for giving such full expression to the de- liberate and we'll thought out judgment of the people of the state falls short of what a constitution should be under our system of government.
 What Constitution Is
 Tt has in the last few days been said that the constitution was built to be a shield against the passions of the people If that is all that mans conception is of the constitution he Is unfit to understand what American democracy means The constitution Is. and should be. designed so as to make 1t necessary for the people to delib crate before they act. But the con- stitution. if 1t Is to be an instrument for the promotion of justice, must be designed to give effect, practical effect, to their acts. when they have thus delibera tely recorded their Judgment. In short, friends, I hold that the only safe attitude for us here in America to take is the attitude taken by Ab raham Lincoln, the attitude of believing that if an issue of wisdom or unwis dom. or right or wrong, is put fairly before the people. that the people can be trusted to make their decision for themselves. If you do not believe in the people, say so, and abandon our system of government, but above all things, do not make believe that you trust the people. Do not in speech claim to trust the people and then un- derhandedly endeavor so to frame the constitution and the laws that you shall trick them out of their right of self government.
 Loyalty
 'I hold that no man. whether in execu- i've or Juulcldl OHlce, or Wnelntr Tn prl- vate life, has right to call himself the servant of the people unless he serves first his own conscience. unless his prime loyalty Is 10 the mmutable laws of right eousness, but l hold that it Is his duty 10 endedvor to get the people 10 act wisely by a frank and honest appeal to them and a readiness to abide by their decision and not by trying to invent ingenious devices which shall seem to give expression to the popular will while really denying it.
 Our system of government Is a con fessed failure unless the people are to be trusted to govern themselves. You trust them to make the constitution: re- member that the power to interpret is really the power to make, and give them a matter of right, as a matter of jus tice. the power to decide what 1t was that they themselves made. Give them all the advice possible. Let the judge fearlessly do his duty and record his decision. let the executive do his and the legislator do his and when their several duties have been done, when the several opinions have been expressed, then if you are true to the principles upon which this republic was founded, you bound to put the issue before the people. to appeal to their common sense, their spirit of decency and fair dealing and applied honesty in public and private affairs and abide the result like men"