Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1912-03-26

and IN private life, and l am sorry 10
say by many judges; doctrine which
has in fact tended to create bulwark
for privilege, bulwark unjustiy pro-
tecting special interests against the
rights OF the people as whole. This
doctrine Is to me dreadful doctrine;
for its effect is, and can only be, to
make the courts the shield of priv
ilege against popular rights, Natural
ly, every upholder and beneficiary OF
crooked privilege loudly applauds the
doctrine 1t Is behind the shield OF
that doctrine that crooked clauses
creep into laws. that men OF wealth
and power control legislation. The
men OF wealth who praise this doc
trine, this theory, would do well to
remember that to Its adoption by the
courts Is due the distrust so many OF
our wage workers now feel for the
courts. | deny that that theory mas
worked SO well that we should con.
tinue It, l most earnestly urge that
the evils and abuses it has produced
cry aloud for remedy; and the only
remedy is in fact to restore the power
to govern directly to the people, and
to make the public servant directly
responsible to the whole people-and
to no part of them, to no class OF
them
Well-meaning, short-sighted persons
have held up their hands in horror at
my proposal to allow the people them
selves to construe the constitution
which they themselves made. Yet
this is precisely what the Association
of the Bar of the City OF New York
proposed to do in the concurrent reso-
luton which was introduced at their
request into our legislature on jan
'uary 16 last, proposing to amend the
state constitution by a section read
ing as follows: Nothing contained IN
this constitution shall be construed to
limit the powers OF the legislature to
enact laws" such as the wOrkmen's
compensation act. In other words.
the New York Bar association is pro
posing to appeal to the people to
construe the constitution in such a
way as will directly reverse the court.
They are proposing to appeal from
the highest court Of the state to the
people. That is just what propose
to do; the difference is only one OF
method, not OF purpose; my method
will give better results, and Will give
them more quickly.
Remember, / am not discussing the
recall of judges-although wish 1t
distinctly understood that the recall
Is a mere piece Of machinery to take
the place of the unavoidable impeach-
ment which Mr.. Taft In effect de-
tends, and that II the days of May
nard ever came back again in the
state Of New York / should favor it.
| have no wish to come to 1t; but our
opponents, when they object to all ef.
| forts to secure real Justice from the
courts, are strengthening the hands
OF those who demand the recall.
/ stand on the Columbus speech.
The principles there asserted are not
new. but believe that they are neces-
sary to the maintenance of free Dem
| ocratic government, The part OF my
| speech in which | advocated the right
| OF the people to be the final arbiters
| of what is due process OF law In the
case OF statutes enacted for the gen.
eral welfare will ultimately, am con-
| fident. be recognized as giving
strength and support to the courts In.
| stead Of being revolutionary and sub
| versive The courts today owe the
country no greater or clearer duty
than to keep their hands of such
statutes when they have any reason
| ably permissible relation to the pub
lie good. In the past the courts have
| often failed to perform this duty. and
| their failure is the chief cause OF
whatever dissatisfaction there is with
the working OF our judicial system.
| One who seeks to prevent the ir-
revocable commission of such mis-
takes in the future may Justly claim
to be regarded as aiming to preserve
and not to destroy the independence
| and power of the judiciary.
My remedy Is not the result OF
| library study of constitutional law,
| but OF actual and long-continued ex-
| rhPTleHCe III LIc use VI 6oNSh
power to redress social and industrial
evils. When, as the result OF years
of education and debate, a majority
OF the people have decided upon
| remedy for an evil from which they
suffer, and have chosen legislature
and executive pledged to embody that
remedy In law. and the law has been
finally passed and approved, ! regard
It as monstrous that bench OF
Judges shall then say to the people:
| You must begin all over again. First
| amend your constitution (which will
take four years.; second, secure the
| passage OF a new law (which viii
| take two years more); third. carry
| that new law over the weary course
| Of litigation (Which will take no hu-
man being knows how long): fourth,
submit the whole matter over again
| to the very same judges who have
rendered the decision to which you
| object. Then, II your patience holds
| out and you finally prevail. the Will
of the majority OF the people may
have It's way" Such system is not