The Oskaloosa herald., 1912-02-29


into shawls, etc, and is sometimes
mixed with silk.
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RECALL OF JUDICIAL DECISION.
The proposed recall of judges, for
their action in making unpopular de.
cisions, has been already thoroughly
discussed, and President Taft's ans
wer to this revolutionary doctrine
covers ths77questien so completely
as to need no further elaboration.
But now comes Colonel Roosevelt,
and, in his Columbus speech, paves
the way for the announcement of his
third-term candidacy by declaring for
the recall of judicial decisions by a
popular vote.
Our constitution is founded on linn
itations against the powers of major
tiles. Majorities can take care of
themselves. The fathers protected
the humblest and weakest of our citi-
zens by the organic law of the land,
which cannot be ignored by either
legislatures or popular vote. The
majority of 1892 was the minority of
1910. The constitution would thus
depend upon the majority for the
time being. In August, 1896, the ma
jority of the people were undoubted.
ly for free silver; in November, 1896,
the majority was for the gold-stand-
ard, and now even Bryan would not
challenge ridicule by declaring for
free silver.
If unconstitutional laws can be
made constitutional by majority
vote, the constitution would become
a door mat on which to wipe the feet
of a temporary majority. Colonel
Roosevelt has chosen a weak issue
on which to appeal to the people for
return to power.
The declaration that the voice OF
the majority is the voice of God has
been the favorite plea of men seek
ing arbitrary powers from the days
Of Caesar to the present time. The
Bonapartes used the plebiscite as
the means OF having the people vote
away their own liberty. By plebis-
cite Napoleon the Great was declared
emperor.
1t was the voice of the majority,
and much juggling with the votes
Louis Napoleon the Less was later
on president of the republic OF
France, and by the fayorite Bona
parte plebiscite WIS made the ruler
of the second empire.
In 1870 he demanded another pleb-
iscite and was upheld by 100000
votes and the Prussian War ensued
and the emperor died in exile.
The new proposition Of Colonel
Roosevelt, to substitute a popular
majority for the protecting limita-
lions of written constitution, has
not even the doubtful merit of novel
ty That was the system in Rome,
and the rights of the citizen We're
always at the mercy of a temporary
majority.
We have progressed since the days
of Caesar. AS a longtime admirer
of Colonel Roosevelt | wish he could
prove an aIibi on his Columbus
speech.
The republican party in 1912 is
asked to insert in it's platform the
declaration that the guarantees of
our state and national constitutions
may be overturned at will, at any
time by popular election called at
the request of unsuccessful litigants.
An appeal is to go to the people
in all cases in which constitutional
rights are involved. OF course it
follows that the constitution must
change as the majority changes.
When Tim Campbell said to Presi-
dent Cleveland: Mr.. President, what
IS the constitution any way, among
friends?" he added to the gaiety of
the nation. But this demand OF Col.
Onel Roosevelt is not mere pleas.
antry.
The idea of placing judicial decis-
ions on all constitutional questions
within the control of temporary pop
ular majorities is a poor issue upon
which to ask the overturn of the IN
written law of one hundred years
against a third presidential term.
John F. Lacey.