Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-03-09

indirect means suspends the writ Of
habeas corpus in their class. ! ask
any candid, fair-minded man If the
decision of such a question, when sub
diciaf decisions is that If the people
are competent to establish const1-
tuition they are competent to inter-
pref it, and that this recall OF de-
cisions is nothing but the exercise OF
power of Interpretation. This Is
clearly a fallacious argument.
popular majority does not adopt q
constitution or amend its terms until
after it has been adopted by con-
stitutional convention or legislature,
and the final adoption is, and ought
to he. surrounded with such checks
and delays as to secure deliberation,
Constitutions ought to be pro-
tected by such requirements as to
their amendment AS to insure great
deliberation by the people in making
them--much greater than one vote OF
Il mere temporary majority,
"Finally / ask what is the neces-
sity for such . crude, revolutionary,
fitful and unstable way of reversing
judicial construction of the constitu-
ton. Why, II the construction is
wrong, can it not be righted by q
constitutional amendment?
IAN answer made to this is that
the same judges will construe the
amendment and defeat the popular
will. This assumes dishonesty and u
gross violation OF the discharge OF
mitted to popular majority is not
likely to turn rather upon the popular
disfavor of those affected than upon
the possible mfraction of the consti-
tutional liberty of a citizen.
I'VE would then have a system OF
suspendng the constitution to meet
special instances.
But the main argument used To
sustain such Il popular review of Ju-
duty upon the part Of judges, ny
pothosis utterly untonable.
II agree that we are making pro-
gress and ought to make progress in
the shaping of governmental action to
secure greater equality privilege and
of accumulated capital. and to remove
Instructions to the pursuit of human
happiness; and in working out these
difficult problems we may possibly
have from time to time 10 limit or
rarrow the breadth Of constitutional
guarantees in respect of property by
amendment. But let us do it deHber-
lately, with full consideration and
clear weighing of what we are giving
up of private right for the general
welfare.
Il .et us do lit under circumstances
which shall make the operation OF
the change uniform and just, and not
depend on the feverish, uncertain and
unstable determination of successive
votes on different laws by temporary
and changing majorities. Such pro-
posal as this is utterly without merit
or utility and. instead of being pro-
gressive is reactionary, instead OF
being in the interest OF all
the people and for the stability OF
popular government is sowing the
seeds of confusion and tyranny"
Touching outside his prepared
speech President Taft told of his dis
|appointment over the senate's amend
ment Of the proposed arbitration
treaties with Great Britain and
France. He said
The senates action makes II doubt.
ful whether the treaties will be ac-
cepted by the countries with which
they are designed to deal and alst
makes 1t doubtful whether the chic
executive of this country should pro
ceed with them.
"The whole subject probably vii
have to be gone over again. ] am mo-
discourage | am merely disap
pointed | believe the people were
in favor of ratifying those treaties as
they were. War is such Il horribl,
method of settling controversies thai
the people want none of II If they car
help it,
Crowds were turned away because
of the lack of seats for them.