The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-08-06
ROOSEVELT'S CON-
FESSION OF FAITH
Continued from Preceding Page,


the acts of all their governmental
agencies. This must be extended to
include the effects of judicial acts as
we'll as the acts of the executive ana
legislative representa- of the peo-
pie. Where the judge merely does
Justice as between man and man, not
dealing with constitutional questions
then the interest of the public is only
to see that he is wise and upright
judge. Means should be devised for
making it easier than at present 10
get rid of an incompetent judge;
means should be devised by the bar
and the bench acting in conjunction
with the various legislative bodies TO
make justice far more expeditions ana
more certain than at present. me
stick-in-the-bark legalism, the legal
ism that Subordinates equity to technl-
calities should be recognized as po-
tent enemy of justice. But this is not
the matter of most concern at the mo-
ment Our prime concern is that IN
dealing with the fundamental law of
the land, in assuming finally to inter-
pref it, and therefore finally to make
1t, the acts of the courts should be
subject to and not above the final con-
troll of the people whole. l deny
that the American people have sur
rendered to any set of men, no matter
what their position or their character
the final right to determine those tun-
damental questions upon which free
self government ultimately depends
The people themselves must be the
ultimate makers of their own const1-
tuition and where their agents diner
in their interpretations of the conSti-
tuition the people themselves should be
given the chance, after full and de1b-
crate Judgment, authoritatively to set
tie what Interpretation it is that their
representatives shall thereafter adopt
as binding
Whenever in our constitutional sys-
tenn of government there exist general
prohibitions that, as interpreted by
the courts, nullify, or may be used to
nullify, specific laws passed, and ad-
mittedly passed, in the interest OF So
cial justice, we are for such immediate
law, or amendment to the constitution,
if that be necessary, as will thereafter
permit a reference to the people of the
public effect Of such decision, under
forms securing full elaboration, to
the end that the specific act of the
legislative branch of the government
thus iudicially nullit1ed, and such
amendments thereof as come within
its scope and purpose, may constitu-
tionally be excepted by vote of the
people from the general prohibitions,
the same as if that particular act had
been expressly excepted when the pro-
hibition was adopted. This will neces-
state the establishment of machinery
for making much easier of amendment
both the national and the several state
constitutions, especially with the view
of prompt action on certain judicial
deciSionS-action as specific and linn
tied as that taken by the passage of
the eleventh amendment to the ma
tional constitution. We are not in this
decrying the courts. That was reserved
for the Chicago convention in its
plank respecting impeachment. I'm
parchment implies the proof of dis
honesty. We do not question the gen.
eraI honesty of the courts. But in ap-
PLYING to present day social conditions
the general prohibitions that were in
tended originally as safeguards to the
citizen against the arbitrary power of
government in the hands of caste and
privilege, these prohibitions have been
turned by the courts from safeguards
against political and social privilege
into barriers against political and So |
cial justice and advancement. Our
purpose is not to impugn the courts, |
but to emancipate them from a posi-
ton where they stand in the way of |
social justice: and to emancipate the |
people, in an orderly way. from the /
iniquity of enforced submission to a /
doctrine which would turn constitu- |
tional provisions which were intended |
to favor social justice and advance |
ment into prohibitions against such |
Justice and advancement.
We in America have peculier need
thus to make the acts of the courts |
subject to the people, because owinc. |
TO causes which 1 need not now dis |
Cuss, the courts have here grown to |
occupy position unknown in any 9TH