The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1912-04-18

<'SSSnS oySIcu, WHICH pIOVlOSS al I'M.
parchment remedy that in practice
never works. and provides no efficient
way whatever for overruling judicial
misconstruction of the constitution.
Do you believe in the "review Of
Judicial decisions" by state courts, and
what do you mean by it?
do. What / mean may be fully ex-
pressed by the phrase, "The right OF
the people to review certain judicial
decisions which nullify laws demanded
oy the people in the exercise of the
police o. general welfare power on the
ground that these laws are unconstf-
tutional." This would amount to q
simpler method of constituting or
amending the judicial Interpretation
OF the constitution wherever such In
depreciation becomes clearly adverse
20 human rights. I believe, as I have
said over and over again, that when
the highest court of q state differs
from the legislature Of that state on
the question of the constitutionality Of
law vitality affecting the conditions Of
life and labor among wageearners.
the people should have the right to de-
termine in an election whether tho
constitution which they have framed
was meant by them to permit such .
law. This method cannot apply to
questions as to the federal constitu-
ton; I have made this distinction
Clear in my Columbus speech. The
iuriSdioffnr ~ thu Int CIR
preme court concerning the federal
constitution must remain supreme
over the whole people. The constitu-
tons of the separate states are in
daily process of making by the people
or those states, and l would therefore
vest in the people of each state the
fnal authority as to what their state
constitution should be- l would not
make the people the final judge in
legal questions between individuals.
bat would make the people the. final
umpire in such a conflict as that above
outlined between the legislature and
the judiciary in any given state.
The personal differences between
some of my opponents and myself are
only incidents Of a fundamental diff
ference of view. My opponents be-
l1eve, as many of the founders Of our
government believed, that the people
as a whole have neither the capacity
Nor the training to decide questions of
broad governmental policy. Many of
our fathers thought that the people
could not be trusted to elect presi-S
dents or senators and therefore de-
vised the Electoral College, which We
have abandoned, and the legislative
method Of electing senators, which we
are abandoning. My opponents think
that a special class. the legal class. Is
the proper one finally to- determine
questions of basic political philosophy;
believe that the ultimate authority
rests In the people and must be exer-
cised by the people. c This of course
does not mean that the people should
not employ experts to do their work
for them. For instance. having Sc
lected the president, the voters should
give him full executive power: but II
the voters decide that they want Q
parcels post. they should expect him,
to make. with loyalty to their decision.
the best parcels post that can be
made; and they will not expect him
10 decide. for them as to whether they
are to have q parcels post or not. In
law, having framed the constitution
Ind the statutes, they should choose.
the best Judge that they can to carry
put the7proxisions OF the constitution
and tho statutes but II the. decide
that they want "a sworkme Ds compensa<'
lion act. they ought to expect the,
fudge to administer such an act, and
not 10 determine whether d workmen's D.
sompsheationn act iss good for them, or
not,o is none OF the 1pdge's, bust
ness to say whether the people ought
10. wish and to have such am act; it is
he peoples business. and only theirs.
e the Yeopls decide ftas the Canadians
haveudecidsd)o that II Is n true func-
ton yot goyernmsntIto formulate and
regulate the, relations ;tof organized
capital and organized labor. including
wages hours, and conditions Of work,
th6y will not expect the tudges-and
the Judges must not Axpect-to decide
that! this - not = true tunctionsof gov
,srnments and Il the 1judgese endeavor
to assert their view a. opposed to the
peoples sisvei the psopls; ought in legal
fashion to, tell than they are mistaken.
and. IL the Judges persists remove them
and get Judges WHO will administer the
law based upon the theory Of govern
ment which the people In the exerctse
81 their sober and deliberate Judgment
have decided 10 BE good. p9nTu1 81
~ .l4'lJ 49,