New-York tribune., 1912-02-27

Rooseya1f ito say that am proposihb
% spbpiit these matters to the popular
rbjm. the frenzy of the moment
After he had explained his project ne
added.
,If that be revolution. make the most
OF it."
rolon4l Roosevelts visit to the state
House was unexpected. He arrived
there al 3 o'clock and wss at once
escorted 10 the floor Of the House. he
was introduced by Speaker Grafton D.
Gushing. After appearing In the House.
he went TO the Senate chamber and
spoke briefly. In both instances he was
received cordially, although there was
no prolonged applause during his speech.
Colonel Rooseyslts Speech.
In addressing the House Colonel
Roosevelt said:
Mr. Speaker. Gentlemen. IL is a great
honor, which I deeply appreciate to be
Permitted 80 address this legislative body,
composed Of the representatives OF that
great, historic commonwealth which has
ever stood foremost in the uncnding hattle
J6i liberty and Tsht secured wirnin the
law. And ] know that YOU expect me 10
speak to you to-day, telling you just what
J think and believe.
We OF to-day, If We are worthy or en-
desyOring TO lead the people Alright, mus
be doing our part TO secure social and in
dustrial justice through genuine popular
rule, and our object was set tOTth by inc
great Italian radical leader Mazzini when
he wrote: "NO war of classes, 10 hostility
10 existing wealth, no Want0n or UNJUST
violation Of the rights of property. but
constant disposition 10 ameliorate the con-
dition Of the classes least favored by
fortune" That should be our aim, gentle-
plen-tO help better, not merely pohucally
but industTlally, the condition or those Ieast
favored by fortune and TO endeaNOr 10
make and TO keep the government OF thls
country genuinely a government OF. ny
and for the people. And because | believe
IN genuine popular rule favor direct nom
nations, direct primaries, including direct
preferential Presidential primaries, not only
for local but for state delegates. l believe
in the adoption OF wisely chosen devices
under which the initiative and referendum
can be used, not as a substitute Tor rep
resentative government, but to make repre-
sentative government genuinely representa-
tive, 20 see it corrected II II becomes mis-
representative. And / wish TO say a row
words to you to-day specifically on the
proposition of giving 10 the people In the
last resort the Interpretation Of the Constl-
Ny position is simple 1t is that If the
people know enough to make the Constitu-
fion they know enough IN the last resort
10 say what Il was that they meant when
they made II. l wish TO call your attsn-
fiOn 10 the entirely OlUerent character pl
tnhe national and the state constitutions In
the national Constitution we deal with an
instrument designed to define the limits OF
power between the nation and the several
states. So that as regards the national
Constitution there must necessarily, be
somebody capable of deciding what those
limits are. when we come TO discuss the
relative claims of conflicting soVerelSnueS'
each sovereign in its own sphere. The
state constitution OF any state has nothing
analogous to that about II. There is no
question in a state Of any conflicting SOW
ereignties. There is only one sovereignty
the sovereignty Of the people. You are not
1.-THE sovereigns; neither Is the executive
Eneither is the judiciary All three OF YOU
rossess mowers delegated to you by the
people but not parted with by the people
and therefore, whereas In the national Con-
,stitution the legislative branch has no 70
spewer save that which Is expressly granted
Ito it by the Constitution, under the state
fconstitution the legislative body has all
the power that is not forbidden II by the
ience / will speak OF ours as a government
OF division Of powers That Is true In so far
as we deal with the division among the
representatives of the people of the power
delegated to them by the people but II is
\ not true il by il we mean there is diyt-
a sion OF power between the people, and the
representatives.
People Must Be the Masters.
In the last resort, the people. after due
deii5eration, are to be and must be the
servants. There is nothing ignoble In any
man ~ 10 he a public servant avewinS
that be is such. il was Abraham Ijncola
who. In his first inaugural, spoke of his
absolute responsibility to-l use his words
~ ''l,is masters, the American people"
Vow, in the measure that l adyecat"t
In tho method Of securing a proper inter-
probation of the constitution which | adj
.VOcdte, remember TO take what / say and
not the headlines i'm the newspapers pui-
porting TO tell what | say. ! am not adVO-
eating the recall of judges; | am advocat-
ing a measure which, If adopted will pre-
vent the necessity Of the recall Of judges
am not advocating the recall of the judge
am advocating the recall OF legalism to
Justice And. / would like to ask you
whose memories extend hack eighteen
months 10 remember what was said eigh-
criticised my criticism Of the decision OF
judge Baldwin as regards the working
mans compensation law; The same people
that are most violent IN denoupcing the
proposal ] have now made are those who
mt that time were most violent IN denounc-
ing my criticism OF Judge Baldwin, and
who hailed with delight the proposal that
Judge Baldwin should sue me for libel
But since that time the Supreme Court
Of the United States took the same view
that I did. and SD the libel suit would
have 10 include the Supreme Court as we'll
as myself And i think that most OF my
critics of that period have now caught up
with me on that issue. Give them a little
time, and they will catch UP again.
Now, the proposal that / make rs this: !
want YOU 10 know Just what IL is that /
advocate. My proposal applies only TO the
( legislative acts which the courts declare
unconstitutional. | refer specifically to
laws passed i'm the collective interests Of
The whole community, passed by the legis-
iative body. your BODY here. In the exer-
else Of the power 10 promote the general
welfare, in the exercise Of the police power
which is inherent in the Legislature. II such
q law duly dealing with the collective in
Sferests OF the community as whole, passed
'by the Legislature and signed by the Gov
eernor, is declared unconstitutional by the
court ] ask that the people be given the
right If they choose, TO exercise that right
themselves TO pass final Judgment upon the
proposition. IL has been stated that this
viii substitute popular whim the whim of
q moment, for the decision of the judiciary.
tConsidHr FHy proposition FOR moment In
the first place the house that has 10 pass
The law has to be elected Then the law
out before that committee. Then il goes
}'nto the house, IS argued 70 and fro, and
ipassed by the house. II then goes to the
Governor; arguments for and against 1t
are put before him, and II receives his sig
nature. II then is tried in the courts, and
4 cannot possibly come to, the final court
before six or eight months. II is then
argued before that court. The court makes
1ts decision again, going over the case in
sull, and stating the reasons for its dc-
''cision. By that time over a year will have
elapsed.
MY proposal is that then. If the court
has decided that the Legislature. plus thu
z executive, mas eNceedeu ttle power Bfanteu
by the people 10 them under the consttu-
tlon. the people shall themselves have the
right to say whether their representatives
'in tine Legislature and the Executive office
we're right, or whether their representatives
on the court were right. Provision should
be made that no vote could be had save
IT q regular election, not less than six
months distant after the appeal 10 the
people rs made. IN, that case you see
that the minimum tine would be two years
ef discussion by the people-two years OF
"A safR 4rfaf oh inc Ittaa la H~ef
election. which would include the discus
sion before the committee, which would in