Daily capital journal. (Salem, Oregon) 1903-1919, 1912-04-04

and hedge around It with every spe-
oles Of restriction and check and bal
ance 80 as to make the power Of the
people as limited and ineffective as
possible. Mr.. Taft fairly defines the
Issue when he says that our govern
ment 10 and should be a government
Of all the people by a republican part
Of the people This Is an excellent
and moderate description Of an dig
archy II defines our government as
government for a few Of the people
am not speaking critically nor do
] mean to be unkind, for believe that
many honorable and well meaning
men Of high character take this view
and have taken II from the time OF
the formation Of the nation. Essen
TALLY this view iB that the constitu-
ton is a strait jacket to be used for
the control Of an unruly patient--the
people. Now / hold that this view is
not only false, but mischieVous, that
our constitutions are instruments de-
signed to secure justice by securing
the deliberate but effective expression
Of the popular will, that the checks
and balances are valuable as far and
only 80 far as they accomplish that
deliberation and that It is warped
and unworthy and improper construc-
ton Of our form Of government TO BeS
in II only means Of thwarting the
popular will and Of preventing justice.
Mr.. Taft says that every class"
should have a voice" in the govern
ment. That seems to me a very SER
ious misconception Of the American
political situation. The real trouble
with us is that some classes have had
too much voice. One Of the most i'm.
portant OF all the lessons TO be taught
and TO be learned is that man should
vote not as a representative OF class,
but merely as good citizen, whose
prime interests are the same as those
Of all other good citizens.
Taft's "Dlsbellef In the People,"
Mr.. Taft again and again In quota
tons | have given and elsewhere in
this speech expresses his disbelief in
the people when they vote at the polls,
In one sentence he says that the
proposition gives powerful effect to
the momentary impulse Of majority
Of an electorate and prepares the way
for the positive exercise Of the gross
est tyranny" Elsewhere he speaks
OF the "feverish uncertainty" and "un.
stable determination Of laws" by tenn
porary and changing majorlties, and
again he says that the system pro-
pose, would result In suspension or
application of constitutional guaran.
tees according to popular whim,"
which would destroy "all possible con
Blstency" In constitutional interpreta.
tlon. should much like to know
the exact distinction that Is TO be
made between what Mr.. Taft calls
"the fitful impulse of temporary
majority" when applied to a question
such as that raise and any other
question. Remember that under my
proposal to review rule OF decision
by popular vote, amending or con-
STRUNG to that extent the constltu.
tion could certainly take at least two
years from the time of the election
Of the legislature which passed the
act, Now, only four months elapse
between the nomination and the elec.
tlon Of a man as president to M for
four years the most important office
In the land. In one OF Mr.. Taft's
speeches he speaks OF the voice Of
the people as coming next to the voice
Of God" Apparently, then, the de-
cision Of the people about the presi.
dency, after four more years Of dellb-
GRAFTON, is to be treated as next to
the voice Of God" but II after two
years OF sober thought they decide
that women and children shall be
protected In industry. or men protect.
cd from excessive hours OF labor un.
der unhyglenic conditions, or wage
workers. compensated when they lose
life or limb in the service Of others,
then their decision forthwith becomes
"whlm" and teyerlsh "and unstable"
and an exercise Of the "grosaest tyran.
ny" and the laying Of the axe at the
foot Of the tree Of freedom
That Is the old, old doctrine which
has been acted upon for thousands Of
years abroad and which here In Amer.
lea has been acted upon sometimes
openly, sometimes secretly, for forty
years by many men In public and In
private life, and am sorry to say BY
many iudges, doctrine which has In
fact tended TO create bulwark for
privileges, a bulwark uniustly protect.
Ing special interests against the rights
OF the people as a whole, This doc.
trlne Ia to me dreadful doctrine, for
lts effect 10, and can only be- TO make
the courts the shield OF privilege
against popular rights, Naturally, ev.
cry upholder and beneficiary OF crook.
cd privilege loudly applauds the doc.
tTlne, Il 10 behind the shield OF that
doctrine that crooked clauses creep
into laws that men VI wealth control
legislation,
Remember, ! am not discussing the
recall OF judges-although wish Il
distinctly understood that tho recall
10 mere piece Of machinery % take
the place Of the uhworkable lmpeach.
mont which Mr. Taft In effect defends
and that n the days OF Maynard ever
came back again In the state OF New
York should favor H. have no wish
TO come TO Il, but our opponents when
they object to all efforts TO secure real
justice from the courts are strengthen
Ing the hands Of those who demand
the recall. In a great many states
there has been for many years a real