The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-21
hettor and moro exactly ascertained
than by vote OF the people.
Taft and OilSarchy.

better and moro exactly ascertained
than by vote OF the people.
Taft and Oligarchy.
Mr.. Taft fairly defines the Issue
whom he says that our government is
and should be a government OF all the
people by representative part OF the
people. This Is an excellent and
moderate description of an oligarchy.
1t defines our government as u govern
ment OF all of the people by few OF
the people"
Mr.. Taft. said Colonel Roosevelt. de-
ciared that the judiciary ought not to
he representative of the people in
the sense mat the Legislature and the
executive are. "'rhis." Colonel Koose-
Welt asserted. "is perfectly true of the
Judge when he is performing merely
the ordinary functions of a Judge in
suits between man and man 1t is not
true Of the Judge engaged in inter-
pretlns, for instance. the due process
clause-wherc tn" Judge is ascertain
ing the prepondcrant opinion of the
people Gas judge Holmes states IT'D
When he exercises that function he
has no right TO let his political
philosophy reverse and thwar, the viii
Of the majority"
MIR. TAFT again ana again in quo
iations have given and elsewhere
through his spcech expresses his dis
belief in the people when they vote
at the polls. In one sentence he says
that the proposition gives powerful
/ effect to the documentary impulse Of II
majority Of am electorate and prcpares
he way Tor tho possible exercise OF
tn" grosseat tyranny Elsewhere lie
speaks of tho feverish uncertainty
and unstable determination OF laws by
I temporary and changing majoritics;'
and again he SAYS that the system
propose would result in suspension
or application OF constitutional
guarantee according TO popular whrn'
which would destroy all possible con-
sistcncy' in Constitutional iiterprcta-
ton. J should much like 10 know the
exact distinction that is 70 he made
between what Mr. Taft calls the fitful
iInnnlse Of temporary majority
when applied TO question such as
that | raise and any other question.
Mr.. Tafta position Is perfectly
clear. 1t IS that we have III this
country special class of persons
W ser than the people. who are above
the people, who csnnot be reached by
the people but who govern thcm and
ought to govern them; and who pro-
tcct various classes OF the people from
the whole people"
Colonel Roosevelt quoted the re-
marks of William Draper Lewis dean
of the Law School oil the University
OF Pennsylvania, who approved Mr.
Rooscvclts plan OF a popular recall of
judicial decisions regarding constitu-
tional amendments. but declared it un-
fortunate that the plan should have
been proposed by man of such
marked characteristics" as Colonel
Roosevelt, whose personality he said,
might cloud the issue. To this Colonel
Roosevelt replied:
Il can only say that wish some
body else whose suggestions would
arouse loss antagon'sm had proposed
it; but nobody else did propose il, and
SO / had to. am not leading this
fight as n matter of aesthetic pleas
ure am leading because somebody
must lead. or else the fight would
not be made a all
II prefer to work with moderate.
with rational conservat ives. provided
only that they do In good faith strive
forward towards the light But when
tley halt and turn their backs TO the
light and sit with tho scorners on the
seats of reaction, then l must part
company with them. We the people
cannot turn back. Our aim must be
steady. wise progress"