The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1912-02-17
ASSALs
PROGRESSIVE POLICIES
PARTICULARLY THOSE FOR JUDI.
GAL REFORM WERE BITTERLY
DEN UNc ED IN A SPEECH MADE
TODAY in DIRECT INTEREST OF
TAFT's RENoMINATloNo
laY UnIted Press.l

tsy United Press.)
81. LOUIS, Mo, Feb. H. Prugrrs-
sIge politics particularly those for
judicial reforin we're bitterly assaile1
as '.insensale' In speech bearing the
presidential o. k, and delivered here
before the City Club this afternoon, by
Attorney General Wickersham in the
direct interest OF the Taft renominaf
lion campaign.
The attorney general did not. GlIice
words III referring to The peoples
power movement, although he declar-
cd he was In favor Of direct noniinds
ton OF cdhHldates He sarcdstlcally
referred to the. initiative and reteren-
DUN as postal card law.naliias' ana
declared popular Legislation anG direct
primaries destfoyed the dignity Of Of.
live, and resulted in fdriSing from the
field that class OF men whom It was
formerly thought were the most de-
sIrable- those whom the office scgks,
not those who seek the Office"
sThere has been much NONSENSE
talked of late" he declared, coccerlr
ing the so-called usurpation OF power
by the federal judiciary in pronounc'
Ing laws OF State legislation and Of
congress TO be unconstitutional. The
very nature OF written constitution
implies that the peoples representa-
( tlves can exercise only the powers COR
IerIed upon them in the constitution
and Judiciary must OF necessity ad-
judge 10 be void any act of congress
not authorized by the constitution.
This does NOT suppose superiority Of
the judiciary to the legislative power.
1t only sppposes that the power OF the
people is superior to both; and that
where the will Of the legislature, de-
clated ia It's statutes. stands in oppo.
sltion TO the will of the people de.
cIared In tile constitution, the Judges
uus 10 Us governed by the latter,
Even more insensate Is the clamor
against the courts for Interpreting
statutcs in the light of their under
standing. The English language is
not au exact medium for communicat-
ing thought. We have not required OF
our legislation the scientific precision
OF formulation which business men re-
quiresin Important contracts. When
the rights of lftigants depend on the
provisions Of the statutes il is the
duty OF the courts to construe them in
the, light OF reason. 1t seems incredible
that any man Of average intelligence
should be found TO take any other view
Of judicial duties.
Unless we continue to have judges
whose tenure OF Office does not hang
upon any momentary popularity with
the crowds, and who are not to be de-
tered from performing their duty by
any amount OF clamor, these questions
may not be decided in accordance with
the constitution. | am aware that
judges sometimes are strangely indir-
ierent to righteous public sentiment
and allow thAhsFlvds ito lbe influenced
by class preJpdige oigpcfsdriaI eonsid-
Grafton Where judges become $,
blinded by class prejudice or personal
consideration that they cannot fairly
administer the la@, they should be
lnpeached.
Il am In entire sympathy with the
reasons which have led to the enact
ment OF laws providing for the nOmlna'
ton Of candidates by direct election.
But systems whereby laws are made
by postal card and popular petition
tend to destroy the dignity OF, Office as
to make il Inattractivc even to those
who might otherwise subject them
selves to the scramble of the primary
In order to reach field Of public use.
ftllness.'
AS remedies for the present judicial
conditions, Wickersham recommended
letter salaries and longer terms to at
tract better judges to the bench, and
simpler method of impeachment.
For "lntolerable court delays. in them.
selves deniuls OF Justice" the bar,
legislatures which enact laws OF pro'
cedure. and the people for not select
ing better men as judges, are 10 blame,
he said. I