The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-03-25
JUDGE FRANK COX
lcontiunsd Prom Pirss P.gs.)

beavers 10 do justice under the law.
Thus, in a wet district he should be
easy upon offenses for the illegal sale
OF intoxicants. In a dry case OF
popular person charged with crime he
should be lenient. and in the case OF
an unpopular person very severe Who
would have respect for a court Of jus-
tice so nodded in it's decisions by pop
ular influence. or by the controlling IN
nuence at the polls OF his district or
circuit. whether that influence be the
influence exercised by the professional
politician. the great business interest,
or the majority OF voters? IL there is
anything every man has a right TO
have in this country. IL is a clean, just
and upright Judge. free from prejudice.
bias. or Interior influence. for the trial
OF his case. and not a Judge who will
cater to that influence which he may
believe for the time being is most
potent in his district.
Rooseveits Theory Still Worse.
The recall of judicial decision Of a
constitutional question I regard as IN
nnitely worse than the indiscriminate
recall OF judges. The recall OF a de-
cision under the constitution would
seem TO be inimicsl to the perIna-
nence OF constitutional government.
Perhaps the greatest security the
people have against the recall OF ju-
dicial decision of constitutional
question Is its very absurdity. Why
have constitution? Why have gov
eminent at all? Who needs either?
II may be truly said that the strong
and powerful, whether that strength
and power consists of physical force.
OF influence over others. or OF num-
| oers, have less need for government
than those less fortunate. II is the
weak. the minority. the lesser infiu-
ence which needs and must have gov
eminent IL they shall continue TO ex-
list at all Constitutional government
is not erected upon the proposition
that might makes right, but upon the
principle that the rights OF every in
dividual. whether he be one OF the
majority or OF the minority. are equal
and tho same under the same circum-
stances.
When we remember the history OF
the development OF government we
find that in early times people were
banded together in bands. or tribes,
nomadic in their habits. Disputes be-
tween the bands or tribes we're set
tied by force, or by barter. Later.
the feudal system prevailed. under
which the feudal barons went forth
with their retinue OF tenasts and fol-
lowers TO do battle with each other
for the settlement OF disputes or the
maintenance OF ascendancy. Truly
these efforts at government were
based upon the theory that might
makes right. But as civilization
grew. more regard was paid to the
rights of the weak and lowly-in 9th
er words. the minority. until the high
est forms of civilized government
now recognize the rights OF the mi
nority 20 be just as sacred as the
rights OF the majority.
What a Constitution is.
The Jurisprudence OF the Anglo
Saxon race has always recognized that
! there are certain absolute rights TO
which every man is entitled. whether
considered apart from other persons.
or as a member of society. In Amer
lea these absolute and in alienable
rights are personal security. personal
liberty. private property and freedom
OF conscience. These are guaranteed
and secured by our constitution. a
government which would not guaran-
tee these absolute rights would not
be worthy OF the name. could not be
called a government. The constitu-
ton stands are the great wall OF hui
man liberty for the protection OF the
minority from encroachment upon
these rights. restraining the strong
and powerful. In the United States
there is an implied oath OF allegiance
! 4 10 fFNNef Ton hrg
every citizen OF the republic, and
those. like Colonel Roosevelt. who
have held office. have. before entering
upon the discharge of official duty.
sworn In solemn form to support the
constitution. It Is the great com
pact or contract between the citizens
OF the republic assented 20 by every
individual. whereby each individual is
guaranteed the same rights. privi-
leges and immunities as every other
individual. no more. no less. whether
that individual be one OF the majority
or one OF the minority. II would
seem that the declaration for recall OF
judicial decision is a long step back
ward. a step in the direction OF the
proposition that might makes right.
Many Of the gravest cases. includ.
ing capital cases. involve cOnstitu-
t.onal questions. Suppose an indi.
vidual were brought before a court OF
Justice charged With murder A jury
az twelve men. his peers. are selected
30 try his case. Who sit together and
hear an the evidence for both des
and The instructions a. to the law
given them hv the court. and upon a
full consideration Of the evidence and
after hearing the arguments ~ coun
sel they return a verdict a. not guilty
Thon. 10 the case should involve q con
sffut onal question Oh would be posi-.
bic FOR a petition f0 b. circulated. a
vote had. tire decision - the court 70
frrrnd and the person charged hung
"rnn trial Without either pho Iaa nr
..r evidence because ue trou FRAT
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