New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-03-25
Repeatedly Used and Always Ready
for Use.

| TO the Editor of The Tribune.
Sir Mr.. Roosevelt, having made speech
! before the Ohio Constitutional Convention
at Columbus, has entered upon a campaign
! Of explanation. A few days after his CO.
| Iumbus speech he announced to the Massa-
chusetts Assembly his purpose to speak
! specifically on the proposition of giving
| to the people, in the last resort, the inter-
probation of the Constitution" He went on
TO explain that what he had In mind was
this: That IL law be duly enacted By
state legislation law which is Il general
one, passed in the collective interest Of
the whole community" and II such law
be declared by the highest court Of the
state to be unconstitutional then the people
may, by vote at an election, declare that
the court Is wrong and that the law Is con-
stitutional
When this proposition Il put forth in the
same breath with such expressions as gen
uine popular rule" and "the people, after
due elaboration, are to be and must be
the masters" e sounds reasonable enough.
Evidently Mr.. Roosevelt means to convey
the idea that at present the people do not
rule. and that the adoption Of his proposals
will enable them to do 50.
1t must be recognized, however, that IN
most case5 where the courts declare duly
enacted statute to be unconstitutional, the
court is simply passing upon the particular
language in which the Legislature has at
tempted TO express its purpose, or course
I'm such case It would be bit absurd TO
90 through the course suggested by Mr.
Roosevelt with the possible result that the
people, at an election, might determine that
certain language was declaratory OF con-
sttutional purpose when jurists trained in
the law had found that such was not the
case. 1t is so much simpler, and in &C
cord with custom as well, TO re-enact the
law I'm suitable language at the next ses-
sion Of the Legislature.
The courts have no power 10 pass upon
the policy of a legislative enactment, but
it may some time happen that, in passing
upon a statute, the court will go beyond
the finding that the enactment I'm its pres
5nt form is obnoxious to the Constitution,
and will say that. under the Constitution,
the Legislature has no power TO do that
which was attempted by such statute. Per-
haps 1t is this very limited class Of cases
which Mr.. Roosevelt has I'm mind. But here
again the people are not without relief, for
If particular purpose IS contrary to the
provisions OF tho Constitution, 1t is possible
TO amend the Constitution TO meet the sit
uation.
OF course, these old and tried methods by
which the people may express and repeat
edly have expressed their will may not suit
Mr.. Roosevelts ideas Of how those affairs
should be conducted, but the recitation of
them here serves 10 show that his pro-
posals are simply as to methods. no matter
what he may say to the contrary. BY
strenuously proclaiming that his proposition
is stand for the fundamental but neglect
ed principle Of rule by the people Mr.
Roosevelt may hope to attract followers,
for he probably realizes that, Presented in
its true light, merely as new method his
proposition would weigh up very poorly.
p. LEWIS ANDERSON.
No. 80 Broadway. New York, March n, 1872