The weekly Republican. (Plymouth, Ind.) 1911-1922, 1912-03-21
OPINIONS OF THE PRESS
Roosevelt's Plan of Judicial Recall.

Roosevelt Plan OF Judicial Recall.
In his Boston speech on Monday
Mr.. Roosevelt elaborated the doc
trine laid down last week in his
Columbus speech to the effect that
the people should be given means of
reviewing court decisions on the
constitutionality of laws when those
decisions run counter to strong and
well established public sentiment
Ii is Mr.. Roosevelt s idea that the
people should have the right to in
terpret their state constitutions in
the role of umpire between the
legislature which passes a given law
and the governor who signs it, on
the one hand, and the court, on the
other hand, which pronounces the
law unconstitutional. Therefore he
would submit the question to a ref
erendum, holding that since the con-
stitution was made by the people
they should have the right thus to
give effect to what they conceive to
be its terms He further argues
that since all three branches of gov
eminent are servants of the people,
each of them must submit to the
will of the people.
Mr.. Roosevelt has confidence that
the people would decide wisely if
allowed thus to review court de-
cisions. This is, of course, a de-
batable point, even though it be con-
ceded that, under the system pro-
posed by Mr. Roosevelt, a period of
two years for thoughtful reflection
must elapse between the passage of
a law and the time of referendum.
1t may well be questioned whether
the voters as a body would take the
trouble to study the points at issue
sufficiently to decide them on their
merits and with relation to the
application of justice for all con-
cerned. Again, it may well be
questioned whether practically the
whole electorate would register its
will In the referendum. IF the vote
were not heavy the referendum would
not represent the will of the whole
people.
Again, it may easily be conceiv-
ed that the plan would tend to have
a qualifying effect upon judges of
the high' courts. The timorous Judge
might be tempted to interpret the
law on the popular side even to the
injury of individuals. On the other
hand, he might lose his sense of re-
sponsibility, assuming that his de-
cision, being subject to change by
the popular vote, does not greatly
matter one way or the other. It is
clear, at least, that a Supreme court
decision In many eases would really
settle nothing, since it would merely
serve as basis for public agitation
leading up to a general vote APP
proving or multiplying the court de-
cision.
Perhaps the most important ques-
ton, however, is whether the adop-
ton of Mr.. Roosevelt's plan is
necessary. When courts decide that
such acts as the workman's COM
pensation act In New York, on
which Mr.. Roosevelt LAYS emphasis,
are unconstitutional it is nearly al
ways possible to frame constitutional
acts which serve the same ends
This has been done in Illinois and
Wisconsin with respect to workman q
compensation.
The people of any state always
have the power so to change their
constitution as to make it square
with progress and modern ideas
And the people have it in their
power to place on the bench only
men of conscience, uprightness and
learning, men who do not necessarily
lean toward some "outworn phil
.osophy'' to which Mr.. Roosevelt
Wakes exception.
Mr.. Roosevelt's plan is unwise
since, if put in operation, it would
be at least unnecessary, while il
would open the way TO dangers and
possible Chicago News.