The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-03-01

homa bank case, whichI have quoted,
so that the remedy have TO propose
would not meet that case. ! have
introduced it molly to illustrate what
| mean.
again, to listen to the arguments
of certain worthy individuals who
denounce the proposed change, you
would think that the purpose OF the
change was to substitute the gusty
passion OF mob for the decision OF
court. Just across the st. Law
renee and the great lakes from the
state of New York lies the great com
monweath of Ontario, part OF Cana
da. a commonwealth with essentially
precisely the same kind OF govern
ment as New York, precisely the
same kind OF population, precisely the
same problems to face in that COM
monwealth as in every commonwealth
Of Australia and Canada, as in Great
Britain, as in Germany, as in France,
as In practically all other great civil
lized nations. In that commonwealth
the court has no power whatever TO
declare a legislative act unconstitu'
tional Now | do not want to go as
far as that. / think 1t is better that
we should give the courts equal pow
err with the Legislature, but ! want TO
keep the people as the Judge between
them, when they differ as to whether
given law is within the power and
the right OF the people to pass.
81 want to keep the courts and the
Legislature as checks upon one an
other In constitutional matters, but
in those same constitutional matters
want to make the people supreme
when ever they think II necessary TO
decide between their two agents the
Legislature and the juriciary. Ordi-
narIJy the Massachusetts courts have
carefully and wisely kept within their
constitutional limitations and have
refrained from interference with the
exercise Of the legislative power.
Now understand ] have no pride
of opinion in this matter, ! am not
welded to any method. | advocate
the method | am advocating because
II seems to me to offer better
chance OF reaching a right solution
than any other. but ] am welded to
the purpose that ] uphold | wish 10
put a stop to the courts multiplying
laws which the people deem necessary
to their general welfare. And this
means, gentlemen, that there is a fun
damental-I will retract that sentence
and come TO II later. ! am perfectly
willing to discuss with any man as 20
what methods are best OF achieving
the results that have in view Diff
ferences about method are mere dif-
ferences in detail, but the difference
is fundamental between me and those
men who hold that the people are
not. after due thought and delibera'
ton, to find their desire expressed in
the law of the land. ] stand at OPP
posite poles from those worthy gent
lemen whose conception OF the rela-
lions between the constitution and
the people is that the constitution is
a strait jacket TO control an unruly
patient ! regard the constitution as
a means for giving the fullest express
sion to the deliberate and we'll
thought-out judgment OF the Ameri-
can people, and feel that any state
constitution which fails to provide a
means for giving such full express
ion to the deliberate and well.thought'
out Judgment of the people OF the
state falls short of what constitu-
ton should be under our system Of
government.
1T has in the last few days been
said that the constitution was built TO
be a shield against the passions Of
the people. II that is all that mans
conception is of the constitution he
is unfit to understand what American
democracy means. The constitution
is and should be designed so as TO
make II necessary for the people TO
deliberate before they act, and my pro
posal would make II necessary Tor
them to deliberate at least two years
as a minimum before they acted. But
the constitution. II II to be an instru-
ment for the promotion OF justice.
must be designed to give effect, prao'
tical effect. to their acts when they
have thus deliberately recorded their
Judgment. In short friends, hold
that the only safe attitude for us here
in America to take is the attitude
taken by Abraham Lincoln, the atti.
tude OF believing that II an issue Of
wisdom or unwisdom. OF right or
wrong, is put fairly before the people
that the people can be trusted to
make their decision for themselves.
III you do not believe In the peo-
pie. say so, and abandon our system
of government. but above al things do
not make believe that you trust the
people. Do not in speech claim to
trust the people and then underhand'
edly endeavor so 10 frame the consti.
tuition and the laws that you shall
trick them out OF their right OF self
government
81 hold that no man, whether In ex.
ecutlve or legislative or judicial Of
fee or in private life, has a right to
call himself the servant OF the people
unless he serves first his own con
seclence. unless his prime loyalty
L. 90 Tho iunmutahle laws OF righte.