The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-02-29
RAYNER FLAYs ROOSEVELT.

That was Il merciloss faying which
Senator Rayner Of Maryland gave 10
one Of the demagogic features of Roose-
volt s speech at Columbus. The idea
of submitting decision Of the Supreme
Court Of a State to popular vote. the
decision TO be overturned if the people
did not 'Esustain - it is one so wild and
eXtrsvagant that primarily il would be
supposed TO originate in the brain of
a lunatic 1t is not pretended. of course,
even by Roosevelt that the people
at large are skilled in the law and com
petcnt in ability and training TO pass
upon constitutional questions. so far
as we have observed. Senator Suther
land of this State is the only Estates
man > who supports Roosevelt in this
1t viii be remembered that Senator
Sutherland took the position that the
people are quite competent TO pass upon
amendments to the constitution aud on
constitutional questions, but arc not
competent to pass upon statutes, and
not fit to be trusted with the enact
ment of State laws, though entirely
competent to deal with State constitu-
tions Roosevelt, however, believes
that the people are skilled enough in all
legal matters TO be able to pass
properly, not only upon constitutional
questions, but upon statutes So that
he goes Sutherland one better.
OF course, the Roosevelt purpose is
primarily designed to set aside any
part of a State constitution which the
courts might find would invalidate any
statute the validity of which might be
in question. If the courts find that the
constitution invalidates any given law,
then the people can, under the Roosc
velt idea, vote the court in error and
thus practically amend the constitution
so as TO make the law constitutional
which before that was unconstitutional
1t appears that Colonel Roosevelt did
not look beyond this first step In the
programme. He apparently did not con
slider that IL the people at one election
should vote the Supreme Court in
error they might at another election
sustain that court, and so put the
constitution back on its first basis. His
proposal is way to amend the consti-
tuition which the constitution itself does
not provide, but which Roosevelt
would have prevail anyway, on the
principle that ''the people have right
TO what they want" But, If the people
have right to what they want without
regard to the constitution, then we
have a Government either State or Ma
tional. whichever might happen TO be
involved. unstable as water and shift
ing as the sands.
Further, if this is good doctrine TO
apply to State, it is 4 good doctrine
to apply also TO the Nation. II the peo.
pie of a State are entitled TO have what
they want, constitution or no constl-
tuition. and are TO he at liberty 10
amend the constitution by mere ma.
iority vote, without regard TO the pro.
visions Of the constitution which gov
eru its amending, how shall any one
say that the people Of the Nation at
large are not entitled to the same lib
erty as TO the National Government
that the people arc to have IN any
Statel But, if the people of the
United States arc TO be entitled 70
amend the constitution by popular
vote. without regard to the provisions
Of the constitution itself pointing out
how il may be amended, then we
have no stable government at all. and
nothing that can he depended upon
from one year 10 another. We would
be engaged in the turmoil of elections
all the time, and elections without any
restriction or limitation whatever upon
them. The people would be entitled to
vote whatever they please at any time,
and without regard 70 any constitution,
obstacle. or restriction.
Thus We would have. not only ia
if VIC apply the Roosevelt principle
complete chaos on all fundamental
propositions. The written constitution
would be set aside. and the passing
voice of the people would rule on all
questions. for the time being. Congress
would he set aside. the State lcgisla-
lures would be mnimized. and we
would have = direct rule of the people
in all matters, unrestraiued and un-
limited.
But with such wide-opcn liberty
prevailing, the popular voice being un.
restricted and minorities unprotected, II
1t not abuudantly plain that the couu-
try would naturally fall 10 pieces aud
each section GO its own way. adhering
20 its own principles and refusing 10 be
bound by the mere popular clamor OF
other sections. even though that clamor
might: for the time being. present a
majority of votes
The Roosevelt propaganda is simply
propaganda for the disintegration OF