The Birmingham age-herald., 1912-02-22
People Fitted to Govern

Many eminent lawyers believe. and sometimes assert that the American people are not fitted for popular gov ernment and that it is necessary to keep the judiciary Independent of the ma iority of all the people' that there must be no appeal to the people from the decision of a court In any case; and that therefore the judges are to be established as sovereign rulers over the people
 T take absolute issue with all those who hold such position. I regard 1t as a complete negation of our whole system of governments; and If it be- came the dominant position in this coun- try 1t would mean the absolute upset = ting of both the rights and the rule of the people. I believe, on the contrary. with all my heart that the American people are fit for complete self gov ernment and that. in spite of all our failings and shortcomings, we of this republic have more nearly realized than any other people on earth the ideal of justice attained through gen . uine popular rule
 of the courts have the final say SO on all legislative acts and If no appeal can lie from them to the people then they are the Irresponsible masters of the people.
 Now the power to interpret is the power to establish. and if the people are not to be allowed finally to n- terpret the fundamental law, ours Is not a popular government.
 Typical Case
 "A typical case was the position rem dered but a few months ago by the court of appeals of my own state. the state of New York. declaring unconsti- tutional the workmen's compensation act. The judges admitted that other civilized nations had abolished those wrongs and practices. But they took the ground that the constitution of the United States, instead of being an in- strument to secure justice, had been ingenfously devised absolutely to pre- vent justice. They insisted that the constitution had permanently cursed our people with impotence to right wrong, and had perpetuated a cruel in iquity
 "No anarchist orator, raving against the constitution, ever framed an in- dictment of it so severe as these worthy and well meaning judges mus. be held to have framed if their req soning be accepted as true. In its es- sense it was reversed by the decision of state courts in states like Wash ington and Iowa. and by the supreme court of the nation in case but a few weeks old.
 'I know of no popular vote by any state Ot the union more fragrant in It's defiance of right and justice, more short sighted in Its inability to face the changed needs of our civilization than this decision of the highest court of the state of New York Many of the judges of that court I know personal ly, and for them I have a profound re- gard. Most emphatically I wish that the people should have the right to recall the decision itself and author itatively to stamp with disapproval what cannot but seem to the ordinary plain citizen monstrous misconstruc- tlon of the constitution, a monstrous perversion of the constitution into an instrument for, the perpetuation of so- cial and industrial wrong and for the oppression of the weak and helpless
 "If there must be q decision by a close majority, then let the people step in and let 1t be their majority that decides"