Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-02-27

! .r Interpretation of the Constitution
| which | advocate, remember 10 lake
! what ] say and net the headlines i'm
/ the newspapers nurporting 10 tell Mhat
| s.y. afu not advocating the recall
| oi tttr .G5fHc. ! ana advocating the re-
/ call 81 lesalism To Justice AID
world Hike to ask yuu. whose mvm0rit =
i extend lack is months to remember
what vas said Is months ago by the
gentleman who criticized MY criticism
of tEa decision OF Judge Bald"ou as
regards the workinBmans compensa=
ton law. The same people that a'e
most violent in denauncinS the propose
al ! have now mide, are those who at
that tme We're most violent in de-
nonnciue my criticism OF Judge Bald
win, 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 SO
the libel suit would have to include
the supreme court as we'll as myself
And l think that most Of my critics OF
that period have now caught up with
me on that issue. Give them little
time, and they will catch up again.
Vow, the proposal that ] make IS
this. l want you to know justt what It
is that 1 advocate. Ny proposal applies
only To legislative acts which the
courts declare unconstitutional. re
fer specifically te laws passed in the
collective in this of the whole eommu-
nitv, passed by the legislative body
your body here, in the exercise OF the
power to promote the general welfare
in the exercise Of the police power
which is inheritent in the Constttu-
ton. If such law duly dealing With
the collective interests Of tho comniuy
nt4 as a whole, passed by the Legisla-
ture and signed by the governor, IS
declared unconstitutional by the court,
asx that The people be given the
right, if they choose to exercise that
right themselves TO pass final iuds-
merit upon the proposition. 1t has tseh
said that this will substitute popular
vhim the whim of 4 moment Ter tt's
decision Of the judiciary. Consider my
proposition fer a moment In the lltSt
place. the house that has To pass tile
law has to be elected. Then the law y
introduced into the committee anu
tllreshed cut by that committee 3heh
IT goes into the House, Is argued 10
and fro and passed by the House. ~
then goes W TO the governor, afsu-
mepls for and against 1t are put he-
for him. and 1t receives his slsRatuf
n is then tried in the courts, ana -
cannot possibly come to the fnai cuutl
before six or eight months. IL + ttisli
argued before that court the court
makes its decision again going over
tbe case in full and stating the fea-
sons for its decision. Ry that tiihe u
Vear will have elapsed. nv propose
i that then. ii the court has decided
that the Legislature. plus tie eSeea-
five has exceeded the power granted
bt fl4e people TO them under the Con
stitutton. that the people shall them
selves haze the right To SLY WIleellsi
tAeir representatives in the Legisia-
ti,re and the executive Office were
right or whether their representatives
,1 tbe court we're right. PROVISION
sI,e3ld he made that no vote
rnuI1 be had save regular
election not less than six months distant
after the appeal to the people IS mace
In that case you see that the minimum
time would be two years of discussion
bv the people. two years OF discussion
which would include the first election
which would include the discussion pc
fore the committee. which would include
tho discussion before the House, winch
yvould include the discussion before the
governor, which would include the us
eIIssion before the court, which Would
include the discussion of the court ana
which then would Include the six-months
discussion before the people finally amt
definitely acted There would have been
two years discussion, two Years time Tor
the fullest deliberation and eonsidefa-
ton. and that being the case 1t ls an
obvious absurdity to say that l am pro-
posing 10 submit such action TO pop
Mar whin 10 the frenzy of a moment
A moment that lasts two years Is a long
moment If fl two years the people are
not able to make up their minds about
question. then ] am sorry for the COM
monwealth of which they are citizens
daughterl, and the position | take III
these matters is that of your own
Massachusetts, justice on tle su-
prerne court. Mr.. Justice Holmes
when he says III recent de-
cisiofl in the Oklahoma Bank case-and
quote his words Verbatim. IT may be
said in a general way that the police
power extends to all the great publia
needs II may be put forth in aid Of
what is sanctioned by usage or held by
the prevailing morality or by strong
and preponderant opinion to be greatly
and Immediately necessary to the public
welfare Justice Holmes has put the
claim for the exercise of the police pow
er by the state even more strongly than
ever ! have put 1t in advocating exer-
else, and that opinion of Justice Holaea
was given in handing down the decision
of the supreme court of the United
States. and that opinion is NOW part OF
the supreme law of the land
"An ] advocate is giving the people
Of the several states the right to put
that opinion into practical effect as part
Of the law of the State. il the state
court declines to FOLLOW the example oi
the supreme court in that matter, dc
cines to adhere 10 the doctrine thus held
down by Mr.. Justice Holmes, Il doc
triue which is now part Of the law Ell
the nation If the state courts, if tue
supreme court of the nation in its past
history, and if the several state courts