The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1912-02-22

stead of law-enforcing, agency.
Here again the settled will Of so
ciety TO correct confessed evils has
been set at naught by those who
place metaphysics above life. " is
the courts, not the constitutions. that
are at fault 1t is only by the process
which James Russell Lowell, when
answering the critics of Lincoln,
called 'pettifogging the constitution,
that constitutions which were de-
signed 10 protect society can thus be
made to. defeat the common good.
Here again the recall is recall OF
the administration of Justice back
from academical refinements to social
service"
There is one kind of recall in
which | very earnestly believe, and
the immediate adoption Of which |
urge. There are sound reasons for
being cautious about the recall OF
! good judge who has rendered an I'M
wise and improper decision. Every
public servant, no matter how valua'
BILE. and not emitting Washington or
Lincoln or Marshall, at times makes
mistakes. Therefore we should be
cautious about recalling the judge.
and we should be cautious about In
| terferiDg in any way with the Judge In
decisions which he makes in the ordi-
nary course as between individuals.
But when a Judge decides constitu'
| tional question, when he decides what
the people as a whole can or cannot
do, the people should have the right
to recall that decision If they think II
wrong. We should hold the judiciary
in all respect; but 1t is both absurd
and degrading to make a fetish OF
Judge or OF any one else.
Lincoln actually applied in sue
cessful fashion the principle OF the
recall in the bred Scott case. He de-
nounced the Supreme court for that
iHiuuitous decision in language much
stronger than have ever used IN
criticizing any court, and appealed to
the people to recall the decision-the
word recall in this connection was
not then known. but the phrase eX-
actly describes what he advocated. |
He was successful, the people took his !
view, and the decision was practical
ly recalled. It became dead letter
without the need of any constitutional
amendment
The Law and the State.
Under our federal system the rem
edy for a wrong such as Abraham |
Lincoln described is difficult But |
the remedy Is not difficult in a state. |
What the Supreme court of the ma
ton decides to 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 !
scandalously obstructed by state
courts declaring state laws in con
flict 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.
its 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
ity of cases would be accepted and |
followed by them. But actual en-
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
struction of the Constitution definite
ly decided-subject only to action by
the Supreme court Of the United |
States.
Many eminent lawyers who more or
less frankly disbelieve In our entire
American system of government for,
by, and of the people violently an
tagonize this proposal. They believe,
and sometimes assert, that the Amer
lean people are not fitted for popular
government, and that II 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 a court
In any case; and that therefore the
judges are to be established as soyer
eign rulers over the people. I take
absolute issue with all those who hold
such a position. | regard II as a com
plete negation of our whole system
of government; and II II became the
dominant position in this country. II
would mean the absolute upsetting Of
both the rights and the rule OF the
people. II the American people are
not fit for popular government. and
II they should of right be the servants
and not the masters of the men whom
they Themselves put in Office. then
Lincoln's work was wasted and the
whole system of government upon
which this great democratic republic
rests Is failure. I believe, on the
contrary with all my heart that the
American people are fit for complete
self-government, and that. in spite OF
all our failings and shortcomings, VIC
OF this republic have more nearly real
lied than any other people on earth !