The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-02-27
SPEECH BEFORE THE
STATE ASSEMBLY
CONTINUED from Page ~

loulSC IN IIOPOSCu CIldl6Cp you
would think that the purpose of the
change was 10 substitute the gusty
passion of a mob for the decision of
u court.
Just across the ST. Lawrence and
the great lakes from the state of New
York, lies the great commonwealth
of Ontario, part of Canada, a COM
monwealth with essentially precisely
the same kind of government as New
York. In that commonwealth. the
court has no power whatever to de-
clare a legislative act unconstitutional.
Now, 1 do not want to go as far as
that. l think it is better that we
should give the courts equal power
with the legislature, but l want to
keep the people as the judge between
them when they differ as to whether
a given law is within the power and
The right of the people to pass.
Counter Checks.
81 want to keep the courts and the
legislature as checks upon one anoth-
er in constitutional matters, but in
those same constitutional matters 1
want to make the people supreme
whenever they think it necessary to
decide between their two agents, the
legislature and the judiciary.
"Now. understand II nave no pride
Of opinion in this matter; I am not
"SooSN ~ oAS / LOSOCdlc
the method ! am advocating because
it seems to me to offer a better chance
of reaching a right solution than any
other. l am welded to the purpose
that 1 uphold. 1 wish to put n stop
to the courts multiplying laws which
the people deem necessary to their
general welfare.
differences about method are diff
ferences of detail, but the difference
il 1ndaronrfo hotyyaon r, ava %hooo
men who hold that the people are not.
after due thought and elaboration,
to find their desire expressed in the
law of the land.
Il stand at the opposite pole from
those worthy gentlemen whose con-
ception of the relations between the
constitution and the people is that
the constitution is a straight-jacket
to control an unruly patient. I regard
the constitution as a ear for giving
the fullest expression to the deliber-
ate and Well thought out judgment
OF the American people, and l feel
that any state constitution which fails
to provide a means for giving such
full expression to the deliberate and
we'll thought out judgment of the peo-
PIE Of the state, falls short of what
q constitution should be.
1T has. in the last few days. been
SsAA AAAa AAS So1tollIAkloIl Wdo Oulll
to be a shield against the passions of
the people. II that is all that a mans
conception is of the constitution he
is unfit to understand what American
Democracy
1.-THE constitution is, and should be,
designed SO as to make it necessary
for the people to deliberate before
they act, and my proposal would
make 1t necessary for them to DELHI.
crate af Lea at fu,n 1yaora q q a So{pSnr~o
before they acted.
But the constitution, II it is to be
an instrument for the promotion of
justice. must be designed to give eff
feet. practical effect, to their acts,
when they thus have deliberately re-
corded their Judgment.
I'm short, friends, I hold that the
only safe attitude for US here in AM
erica to take, is the attitude taken by
Abraham Lincoln, the attitude Of be.
%lieving that If ar issue Of wisdom OF
unwisdom, or right Or wrong is put
fairly before the people. that the peo-
| pie can be trusted to make their de-
cision for themselves.
eff you do not believe in the people,
say SO. and abandon u system OF
government. but above all things, dc
not make believe that you trust the
people. Do not in speech claim ia
trust the people, and then under
handedly endeavor so to frame the
constitution and the laws that you
shall trick them out of their right OF
self-government.
Il hold that no man, whether in
executive or legislative or judicial Of
flee or in private life. has a right to
call himself the servant of the people
unless he serves first his own con-
science. unless his prime loyalty is to
the immutable laws Of Righteousness,
out I hold that 1t is his duty to en-
deavor to get the people to act wisely
by a fiank and honest appeal to them,
and n readiness to abide by their de-
cis!on, n not by trying to invent in
&c devices. which shall seem to
give expression to the popular will,
while really denying 1t.
"Otr system of government is q
confessed failure unless the people are
TO De trusted to govern themselves
You trust them to make the constitu.
ton. Remember that the power to
interpret is really the power to make
and give them, as q matter of right
as a matter of justice. the power ia
decide what 1t was that they them.
selves made.
Give them all the advice possible
Let h Judge fearlessly do his duty
tive do his and the legislator do hi
and when their several duties have
been done. when the several opinion.
have been expressed. then II you are
true to the principles upon which thit
republic was founded. you are bound
to put the issue before the people, tc
appeal to 'hcir common sense, theil
spirit Of decency ard their fair deal.
in. and applied honesty in public and
1 III .