The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-03-21

check and balance the special inter.
ests and their allies.
!. and r. Explained.
First. there are the initiative and
referendum which are so framed
that If the legislatures obey the COM
mand OF some special interest, and
obstinately refuse the will of the ma
jority. the majority may step in and
legislate directly"
But there is the direct primary
the real one. not the New York one
and that. too. the progressives Of
fer as a check on the special inter
ests. Most clearly OF all does II
seem TO me that this change is wholly
good-for every state. The direct
primary, II accompanied by a strin-
gent corrupt practices act. will help
break up corrupt partnership OF cor
porations and politicians.
so that no man may misunder.
stand me. let me recapituate:
I'D | am not proposing anything
IN connection with the supreme court
Of the United States or with the fed.
eral constitution.
"(2) ! am not proposing anything
having any connection with ordinary
suits. civil or criminal. as between
individuals.
"(3) I am not speaking OF the re-
call of judges.
"t4) j am proposing merely that in
certain class of cases involving
the police power. when a state court
has set aside as unconstitutional n
law passed by the legislature for the
general welfare. the validity OF the
law-which should depend. as Justice
Holmes so well phrases IL. upon the
prevailing morality or preponderant
opinion-be submitted for final deter
mination TO a vote OF the people,
take natter due time for consldera-
/ ton
Answers Taft.
The President OF the United
States. Mr.. Tan. devoted most OF a
recent speech to criticism OF this
proposition. He says that IL is ut
terly without merit or utility. and in.
stead Of being in the interest OF all
the people and OF the stability OF
popular government. II sowing the
seeds OF confusion and tyranny CBy
this he Of course means the tyranny
of the majority. that IL. the tyranny
Of the American people as a whole }
He also says that my proposal
(Which. as he rightly sees. is merely
a proposal TO give the people a real
instead OF only a nominal chance "a
construe and amend a states constr
tuition with reasonable rapidityl
would make such amendment and
Interpretation depend on the fever
ish. uncertain and unstable deter
mination Of successive votes on diff
ferent laws by temporary and chang
ing majorities.' and that IL LAYS the
axe at the foot OF the tree OF well
ordered freedom. and subjects the
guarantees OF life. liberty and prop
Ierty without remedy TO the htful i'm
pulse ~ temporary majority Of an
electorate
This criticism Is really less 2
criticism % my proposal than a criti
cism Of all popular government II
Il wholly unfounded on the belief
that the people are fundamentally IN
trustwOrthy n the supreme COURT
definition ~ due process IN relation
~ the polire power d. sound. then az
act ~ the Legislature 20 promote ths
collective interests ~ tho comr1unit
must b. valid " DO embodies n polio,
held By the prevailing morality or d
preponderanf opinion 20 D. necessary
fp tho public seifara This lz co.
question that 7 propose fo submit fr
Tho people How can fhe prevalIIni
morality Or "a rrepundrranf Opiniuf
hn better ur move exactly arrertniuaf
han D. vote ~ Tho people
Mr Taft fairly defines tho issa,
uhen fe save ftaf our government f.
and should D. government nf aff fhi
people hf Representa- i've part 30 ff.
people THE ia ar rrrrferf arf MOI
r.aff desrr' pf.ou nf au oiianrrhf d
defines our government aa govern
mruf nf ai ri fhe people hF fre "a
'fhe people
Judicisry Discusses
Mr Tar aaff W. HauarteIf Dc
rinr~f fhsf fhe iulIr arF OUGHT rrf f
D. repreeeufnfife of fha people .r
fhr sense fhaf fhn irrIsIa.ura and ff.
executive ere ThIa cot HauarraH
atarrfrf GO perfectly frIr OF 30
Judge chen o. Is rfrfnrmIur merrli
fla ordinary functions 90 n .ufEs 10
cutie between man and man ff is ~
'frle ~ fhn Judge enFaEed Iu inter
Irefing. 20 instance. fh- due process
clause ahera fhe Judge is ascertain
.nr fhe rrnuoudrrauf opinion OF ~
people tna Judge Holmes states 30
When ho errrciaea fbaf function ID
has no right to lef Die political phiios
Dphy reverse and fheart tho will OF
fhr MATURITY
Nr TAR again and arain. In quota
LIL.u. LlU. n-.nn md .L..nL.r.