The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1912-04-18
JUDGE CHOSSCUP ON
RECALL OF DECISIONS
Tells Why A3 FavOTS ROOSe-
veit'S PTtplSaL

cago, who has recently retired from
the United States circuit bench, is
widely recognized as one of the very
ablest jurists in the country. He has
this to say of Colonel Roosevelts
proposed recall of court decisions:
"On what is now known as the re-
call of decisions Mr.. Roosevelt is, it
seems to me, greatly misunderstood
at the beginning I, too, misunder-
stood him-and is beginning to be
purposely misrepresented. That is
unfair.
LET us see first what the propo.
sal is:
"(a) The proposal has nothing to
do with the government of the Unit
ed States or the United States SUI
preme court.
"(b) The proposal has nothing to
do with the decisions of the state
courts except those holding some act
of legislation. such, for instance, as
the New Yor': worltingmen's compen.
sation act, null and void because in
contravention of some prohibition
contained in the constitution
"(c) The proposal contemplates
that when the court of last resort
in the state has held an act of legis.
lation unconstitutional, such act shall
remain unconstitutional unless re.
passed by the legislature
"(d) The proposal contemplates
that upon being so repassed the act
shall still remain unconstitutional
until submitted to and approved by
the people the suggestion of Mr.
Roosevelt being that period of two
years intervene to give the people
time to deliberate.
Really Proper Rule by People.
"The function of the court is to de.
cided; to invade that function would
be more or less revolutionary. But
The function to make and unmake,
alter and amend the constitution
under which they live still remains
with the people to impair that func.
ton would be equally revolutionary.
what Mr.. Roosevelt really pro.
poses is that the people shall exer.
else a method of altering and amend.
ing their constitution more adapt.
able than the one now in vogue
not an easier method. but a more
adaptable method.
let me illustrate what mean
with the New York workingmen's
compensation act. The constitution
contains the clause that life, liberty
or property shall not be taken ex.
cept on due process of law that
prohibition is one of our wisest con-
stitutional guarantees. The court Of
appeals held that the workingmen's
compensation act was. in effect, a
taking of property without due
! process of law That was a concrete
instance of where this wise constitu.
tional guaranty worked out a public
misfortune. To strike out the con.
stitutional prohibition entirely by an
amendment would not do-that pro.
hibition has too important a function
to perform in the regulation of mems
affairs in society to be stricken out
Let Both Stand His Solution.
"But to permit that prohibition
stand as a bar against such acts
the workingmen's compensation act
is something also not right; the
workingmens compensation act has
also too important function to per
form in the regulation of mems af.
fairs In society TO be stricken out as
unconstitutional Let both stand
that is the ideal solution. And to do
this let an act such as the working.
mems compensation act, when found
to be unconstitutional as the const
| tuition now stands, be resubmitted TO
the legislature, and If repassed be
submitted to the people at some sub.
sequent election (the precise formula
| Of altering or amending the consti.
tuition as now provided, whereupon,
the people having so voted, the con-
stitution stands so amended that the
given act of the legislature submit
ted, and such amendments or alter
ations of the same as come within
its original scope, become constitu
tionally excepted from the constitu-
tional prohibton-the constitutional
rohibition in all other respects
standing as before
WIthln Ilme-Honored Function.
"This is not Interpretation nor
recall of decisions nor any decision
at all in the judicial sense of the
word, but alteration or amendment
of the constitution within the time
honored function of the people to
alter and amend, and within, too, all
these precautions for deliberation
usual to such proposition to amend
Indeed, in substance Mr.. Roose.
velts proposition is nothing more
than a method of adjusting the con
stitution to the needs of the times
as they arise without interfering
with its wholesale guarantees in any
other respect, and will some day, |
believe, be accepted as a better way
of readapting our constitution to the