The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-27

recall of judges. I am advocating the
recall of legalism to justice
Ny proposal applies only to the leg
Islative acts courts declared unconsti-
tutional l refer specifically to laws
passed in the collective interests of the
whole community. If such a law. hav-
ing been duly enacted, is declared I'M
constitutional, 1 ask that the people
be given the right to pass final judg-
ment upon the proposition.
TT has been stated this will substi-
tute popular Whim for the decision of
the judiciary. In the first place. the
law is threshed before the committee,
thence to the house where it is argued,
and passeu. Tt then goes to the gov
ernor and receives his signature. 1t
then is tried in the courts, and it can
not possibly come to the final court be-
fore six or eight months. 1t is then
argued before that court, the court
makes its decision again going over the
case in full. stating the reasons for its
decision. By that time over a year VIII
have elapsed.
My proposal is that f en-. if the
court has decided that the legislature
plus the executive has exceeded the
power granted by the people to them
under the constitution, that the people
shall have the right to say whether
their representatives in the legislator Q
and the executive office were right or
whether representatives on the court
were right Provision should be made
that no vote could be held save at a
regular election, not less than six
months distant after the appeal to the
people is made.
I'm that case you see that the mini
mum time would be two years of dis
cussion by the people, two years of dis
cusSion which would include the first
election, which would include the dis
cussion before the committee, the house
the governor and the court, and which
then would include the six months dis
cussion before the people finally au1
definitely acted.
There would have been two wears
for the fullest elaboration. If in two
years people are not able to make up
their minds about a question then I
am sorry for the commonwealth"
The Other Extreme.
Listen to the arguments of certain
worthy individuals who denounce the
proposed change Just across the St.
state of New York, lies the great COM
monWealth of Ontario, a commonwealth
with precisely the same kind of govern
wealth, the court has no power what
ever to declare a legislative act I'M
constitutional.
Now I do not want to go as far a {
that I think it is better that we should
give the courts equal power as the leg
islature but / want to keep the people
as the judge between them when they
differ as to whether a given law is with
in the power and the right of the people
to pass.
Il advocate the method I am advocat-
ing because it seems to me to offer a bet
ter chance of reaching a right solution
than any other. I wish to put a stoD to
the courts multiplying laws which the peo-
pie deem necessary to their general well
fare.
I stand at opposite poles from those
worthy gentlemen whose conception of
the relations between the constitution
and the people is that the constitution is
straight jacket to control an unruly
patient. I regard the constitution as a
means for giving the fullest expression 20
the deliberate and well thought out
judgment of the American people. and I
feel that any state constitution which,
fails to provide a means for giving such
full expression to the deliberate and well
thought out judgment of the people OF
the state, falls short of what a const-
tuition should be under our system OF
government.
1T has in the last few days been said
that the constitution was built to shield
against the passions OF the people. If
mat IS all that a mans conception is Of
the constitution, he is unfit to understand
what American democracy means.
Would Follow Lincoln.
In short, / hold the only safe attitude
Tor US here in America to take, is the
attitude taken by Abraham Lincoln the
attitude of believing that if an issue of
wisdom or unwisdom, or right or wrong,
Is put fairly before the people, that the
people can be trusted to make their de-
clslon for themselves. If you do not be-
- nv PCOPiC' soy HO, anu dDdnuOH
our system of government. but, above |
all things, do not make believe that you
trust the people.
DO not in speech claim to trust the
people. and then underhandedly endeavo-
so to frame the constitution and the laws
that you shall trick them out of their |
right of self government.
L hold that no man, whether in execu-
tive or legislative or judicial office or IN |
private life. has a right to call himself |
the servant of the people unless he serves
first his own conscience, unless his prime |
loyalty is to the immutable laws of
but I hold that it is his !
duty to endeavor to get the people to |
act wisely by a frank and honest appeal !
to them and readiness to abide BY their |
decision and not by trying to invent in
genious devices. which shall seem to give
expression to the popular will, while real |
ly denying it.
our system of government is con-
fessed failure unless the people are to be
all the advice possible. Let the judge
fearlessly do his duty and record his de-
cision. let the executive do his and the
legislator do his and when their several
duties have been done, then, if you are
true to the principles upon which this
republic was founded, you are bound to
put the issue before the people, and abide |
the result like men"
CAUSES OF THE BREACH.
Break Between Roosevelt and Taft
Said to Date From Inauguration.
New York, Feb. 27.-The New York