Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-03-21

10 the recall Of public omcers-the
principle that an oh1csr chosen BY the
people who 10 unfaithful may be re-
called BY vote Of the majority before
he finishes his term. will speak Of
the recall Of Judges in moment
leave that aside--but 40 to the other
officers. have heard no argument
advanced against the proposition.
save that It will make the public ON.
Ger umid and always currying favor
with the mob. That argument means
that you can fool oil the people all
the time. and 10 IN avowal Of disbe-
lief In democracy. II It be true-and
! believe 1t 10 MOTT 10 less import
ant than to stop those public oalcers
from curryihg favor with the inter
ests. y
Then there 10 the direct primary
the real one, not the New York one
and that, too. the Progressives fer
as a check on the special inte'S sts.
Most clearly Of all does It seen - me
that this change Is wholly Ed-for
every state. The system Of party
government 10 not written In our con-
situations. but. 1t is none the less a
vital and essential part Of our form
OF government. In that system the
party leaders should serve and carry
out the will of their own party. There
is no need to show how far that
theory Is from the facts, or to re-
hearse the. vulgar thieving partner.
ships Of the corporations and the
bosses, or to show how many times
the real government lies in the hands
Of the boss, protected from the COM
mands and the revenge of the voters
by his puppets in office and the power
Of patronage. We need not be told
how he is thus intrenched nor how
hard he is to overthrow. The facts
stand out In the history Of nearly ev-
cry state in the Union. They are
blots on our political system. The
direct primary will give the voters
method ever ready to use, by which
the party leader shall be made to
obey their command. The direct
primary, If accompanied by a strin.
gent corrupt practices act, will help
break up the corrupt partnership of
corporations and politicians.
My opponents charge that two
things in my program are wrong be-
cause they intrude into the sanctuary
Of the judiciary. The first is the re-
call of judges; and the second, the re-
view by the people of judicial de-
cisions on certain constitutional ques.
lions. have said again and again
that do not advocate the recall Of
judges in all states and in all COM
munities. Butt say 1t soberly-
democracy has right to approach
the sanctuary of the courts when a
special interest has corruptly found
sanctuary there; and this is exactly
what has happened in some Of the
states where the recall of the Judges
is living issue. l would far more
willingly trust the whole people %
Judge such case than some special
tribunal-perhaps appointed by the
same power that chose the judge-if
that tribunal is not itself really re-
sponsible to the people and is ham.
pered and clogged by the TECHNICAL
ties Of impeachment proceedings.
have stated that the courts of the
several states-not always but often
have construed the due process"
clause Of the state constitutions as if
it prohibited the whole people Of the
state from adopting methods of regu-
lating the use Of property SO that
human life, particularly the lives of
the workingmen, shall be safer, freer,
and happier. No one can successful
ly impeach this statement. have
insisted that the true construction OF
due process" is that pronounced by
Justice Holmes In delivering the
unanimous opinion Of the Supreme
Court when he said:
THE police power extends to all the
great public needs. It may be put
forth In aid of what is sanctioned by
usage. or held by the prevailing
morality or strong and preponderant
opinion to be greatly and immediate
~ necessary to the public welfare. {"
insist that the decision of the
New York court Of appeals in the Ives
case, which set aside the will of the
majority Of the people as to the COM
pensation Of injured workmen in dan
gerous trades, was intolerable and
based on wrong political philosophy
I urge that in such cases where the
courts construe the due process
clause as If property rights. to the
exclusion Of human rights, had first
mortgage on the Constitution, the
people may. after sober deliberation.
vote. and finally determine whethe:
the law which the court set aside
shall be valid or not. BY this method
can be clearly and finally ascertained
the preponderant opinion Of the PEG.
pie which Justice Holmes makes the
test of due process in the case OF laws
enacted in the exercise of the police
power. The ordinary methods now ir
vogue Of amending the Constitution
have in actual practice proved wholly
inadequate to secure Justice in such
cases with reasonable speed, and
cause intolerable delay and injustice.
and those who stand against the
changes I propose are champions Of
wrong and injustice, and Of tyranny
by the wealthy and the strong over
the weak and the helpless.
So that no man may misunderstood
me, let me recapitulate:
(D I am not proposing anything