The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-15
RECALL OF DECISIONS FAR OFF.

| From the frequency with which
Colonel Roosevelt recurs to the plan
| in his speeches, it is reasonable to
consider the recall of judicial deci-
sions, as they relate to the unconsti-
tutionality of legislative enactments.
/ the paramount issue on which he is
waging his campaign for nomination
! for third term. He insists that this
is a power the people should have.
Naturally, it follows that with such
power. the Colonel believes the peo-
pie would have the requisite weapon
to right many of the evils and wrongs
of which they now may be the VIC
Tins.
How, though, would the nomination
and election of Mr.. Roosevelt to a
third term have any practical bearing
on giving the people this power?
Certainly, under the most suspicious
circumstances for the adoption of this
plan, it would be several years before
it could be put in general operation.
And Colonel Roosevelt could not play
the slightest part as president of the
United States in bringing it about ex-
cept as to the moral strength his sup
port of it would give to this reform"
1t must be borne in mind that
Colonel Roosevelt proposes to limit
the recall of decisions to those of the
courts of last resort in the several
states He does not agitate this plan
in respect to the decisions of the ma |
tional supreme court. And it is not a
matter in which the national congress |
can take action under the whip and |
spur of a strenuous president 1t is |
matter for each state to determine for
itself And the chances are it would |
have to be brought about in each |
state through amendments to the state
constitutions. The supreme court in
no state is a creature of the legisla-
ture. 1t is established by constitu-
tionaI provision. Legislatures only /
have the power to re-arrange and I
create courts of jurisdiction inferior
to the supreme courts. Therefore, a
state enactment to give the people
the right to recall decisions of their
supreme court would necessarily have
to take the form of a constitutional
amendment if it was to be effective.
If the legislature with the necessary
approval of the governor undertook to
create a law giving the people the
power to recall certain decisions of a Il
supreme court there would be nothing
to prevent that same supreme court
from declaring such a law -unconsti
tutional. Under existing conditions
that judgment would have to stand.
Neither the legislature nor the people
they. represent would have any re- /.
dress So the only way to bring this
reform about with surety would be
through constitutional amendment
This being the case, every one
knows the length of time it would
take to establish any such system in
any state. First the legislature would
have to pass a resolution formally
submitting such an amendment to the
people. Then there would be a wait
until the next general election, usual
ly two years away before the people
had an opportunity to vote on the
amendment. This is the only way this
reform" could be brought about in
any state, unless the constitutional
conventions were held. And in the
states where these conventions are
not held at stated intervals the pro-
cess of calling a constitutional conven-
ton is identical and takes as long a
time as does the adoption of a single
amendment to the constitution
1t is not probable that the legisla-
lures of each state would at once take
the steps necessary to bring about
such constitutional amendments even
if Colonel Roosevelt, from the ma
tion's presidential chair, told them
that he had promised this reform to
the people and it was their duty to
obey forthwith. Granted for the sake
of argument, though, that the matter j
would be taken up in each state and
pressed to a successful conclusion be-
cause of the agitation of Mr.. Roose-
Welt. In all states it would take over