The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1912-02-22

iA14AAtOuS USEiSlOu Ii inA6 ue16O - 80
stronger than have ever used n
criticizing any court. and Appealed to.
the people to recall the decision-tne
word recall n this connection was
not then known. but the phrase en-
actfy describes what he advocated
He was successful, the people took his
view. and the decision was practical
" recalled Il became q dead letter
without the need of any constitutional
amendment.
Tho Lawr and the State.
Under ua,r federal system the rem
edy for wrong such as Abraham
Lincoln described IF difi1cult. But
the remedy is not dinicuit in stste.
What the Supreme court Of the ma
tion decides 10 be Law binds both the
national and the state courts and all
the people within the boundaries OF
the nation. But the decision of a
state court On a constitutional ques-
ton should be subject to revision By
the people Of the state. Again and
again IN the past justice has been
scandalousIy obstrxrted by state
courts declaring state laws In con-
fliot with the Federal Constitution.
although the Supreme court of the ma
ton had even decided in a contrary
sense When the supreme court OF
the state declares given statute I'M
constitutional because In conflict with
the state or the National Constitution,
It's opinion should be subject to re-
vision by the people themselves.
Such an opinion ought always to be
treated with great respect by the peo-
pie, and unquestionably in the major
fty OF cases would be accepted and
followed by them. But actual ex-
perience has shown the vital need OF
the people reserving to themselves
the right to pass upon such opinion.
II 1t is sustained well and good. II
not, then the popular verdict is to be
accepted as final. the decision is to
be treated as reversed, and the con-
structiicc Of the Constitution definihe-
ly decided--subject only 10 action by
the Supreme court Of the United
States
Many eminent lawyers who more or
Less frankly disheiieve In our entire
American system of government for,
by, and OF the people violently an
Itagonize this proposal. They believe,
and sometimes assert, that the Amer
lean people are not fitted for popular
government, and that It is necessary
to keep the judiciary independent OF
the majority or Of all the people;
that there must be no appeal to the
people from the decision Of court
in any case; and that therefore the
Judges are to be established as sover-
eign rulers over the people take
absolute issue with all those who hold
such position. / regard It as com
plete negation of our whole system
Of government; and II It became the
dominant poeftion In this country. 1t
would mean the absolute upsetthg Of
both the rights and the rule of the
people. II the American people are
not fit for popular government. and
il they should Of right be the servants
and not the masters of the men whom
they themselves put IN office, then
IAncoln's work was wasted and the
whole system OF government upon
which this great democratic republic
rests is failure. / believe, on the
contrary, with all my heart that the
American people are fit for complete
selfgovernment, and that, In spite OF
all our faihngs and shortcomings. we
of this republic have more nearly real
i7ed than any other people on earth
the ideal Of Justice attained through
genuine popular rule.
People Fundamentally Right.
I do not say that the people are In
falItble But DO say that our whole
history shows that the American peo-
pie are more often sound In their de-
cisions than Is the case with any OF
the governmental bodies to whom. for
their convenience, they have dele
gated portions of their power. II this
lls not so, then there is no Justification
for the existence Of our government;
and II 1t is so, then there Is no justi-
IIhcation for refusing to give the peo-
lple the real, not merely the nominal,
ultimate decision on questions OF con-
Istitutional law.
A decision rendered bat a few
months ago by the court OF appeals
OF my own state, the state OF New
York, declared unconstitutional the
workmen's compensation act. In their
decision the judges admitted the
wrong and the suffering caused by the
practices against which the law was
aimed. They admitted that other CIV
wrongs and practices. But they took
the ground that the Constitution OF
the United States, instead of being an
instrument to secure justice, had been
ingeniously devised absolutely to pre-
vent justice. They insisted that the
clause In the Constitution which for
Dade the taking OF property without
due process of law forbade the effort
which had been made in the Law to
distribute among all the partners in
an enterprise the effects of the In
1urfes to life or limb of wage-work-
or. In other words, they insisted that
the Constitution had permanently
cursed our people with impotence to
right wrong, and had perpetuated a
cruel iniquity; for cruel iniquity is not
too harsh term to use In describing
the law which. In the event of such an
accident, binds the whole burden OF
Gripping disaster ON the shoulders
least able to bear 1.-THE shoulders OF
the crippled man himself, or the dead