The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-03-23
DR.. LEWIS iHTERPRETS
ROOSEVELT THEORIES
Pennsylvania Law School Dean
Translates. Then Defends,
Recall Declarations.
MATHEWSON ANSWERS HIM
Tells Young Republican Club People
WOnld Not Have Chance to
Hear All the Evidence.

What Col Roosevelt means by the
recall OF constitutional decisions was
explained last night for the benefit OF the
members Of the New York Young Re-
publican Club in the rooms Of the Aldine
Club. 200 Fifth avenue, by DR.. William
Draper Lewis. dean OF the University
Of Pennsylvania Law School. DR.. Lewis
fsvors Col. Roosevelt's new theories
Charles F. Mathewson. a. lawyer Of this
city, followed DR.. Lewis in an address
condemning the recall OF decisions as
Fundamentally uhsound and impossible
and involving the most extreme and
radical proposition ever advanced.
DR.. Lewis thinks that Col. Roosevelt
has been misunderstood
The real issue. said DR.. Lewis. which
Col, Roosevelt presents is whether the
new method of amending pro tanto a
State constitution has a practical adj
vantage over the methods now in force.
Is there any practical necessity for itf'
In reply to his own question DR.. Lewis
cited the Constitution OF Pennsylvania
providing that NO act OF the General
Assembly shall limit the amount to be
recovered for injuries resulting in death
or injuries to persons or property This
means,that Pennsylvania cannot now pass
compulsory workmen's compensation
act
As to provisions in State Constitutions
which involve general principles, DR..
Lewis said. the most important il the
one expressing the idea that no ons shal
be deprived OF his life or property without
due process OF law. DIR. Lewis inter-
prets this as meaning that the procedure
by which a person is deprived OF his
liberty or his property shall be in accord
ance with the fundamental ideas OF judi
people and that an act of the Legislature
which violates the fundamental ideas
OF morality and social justice is void
Here is where Col Roosevelt comes in
strong, according to DR.. Lewis.
He believes, he said, that what is
not on past ideas. OF social justice"
In reply to the presentation of Col.
Roosevelt's views Mr. Matthewson char
acterized the recall OF decisions as funda-
mentally unjust and the very acme Of
futility and unwisdom. Mr.. Matthewson
cited the 80 cent gas case. the bakery
case in this State and the ten hour law.
He wanted TO know what would have
become Of the gas case II it had been
submitted to the vote of the people
He thought that the people would very
likely have voted for 90. so or even 80 cent
gas without once considering the return
on the investment to the gas company.
The recall is not progressive he said,
lit Ia retrogressive"
-As l understand it the views Of Col.
Roosevelt as so ably expounded by DR..
Lewis do not involve anything but con-
stitutional decisions added Mr.. Mat
thewson. III that is true it is the most
extreme and radical proposition ever ad-
vanced. II meant to apply to lesser
decisions not involving constitutional
questions it would be less radical and
more defensible. Police regulations may
be passed without any fear OF going con-
trary to the Constitution or any act in
volving public morals"
The lawyer spoke OF the tyranny OF
the majority over the minority or even
one person He cited the ten-hour law
as an example. '.t
Mr.. Masthewson believes that the
adoption Of the recall of decisions means
an end to all constitutions. Aristides, he
said, was ostracised because the people
OF Athens grow weary OF hearing him
called The just.
There is an example for ysu, he said.
-of the recall In the purest democracy the
world has ever known.'