The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1912-03-21

49, Z - - .-..-
: due precessH. elauss a gain--as in the
gwor kmens COMPENSATION act. as in the
tenement house cigar factory case-in
all these and many other cases we have
been denied by spall minoriues. by a
few; worthy men Of wrong political phi.
losophy on the bench, the right to pro-
tect ohr people in their lives, their lib
erty and theirpursutt OF happiness. As
, for, '"'consistency'-w the record Of
the courts in such case as the income
, tat.<f for, instance. is so full Of tncon-
}sist&ncies ns to make the fear express
ed Of Inconsistency: on the part Of
the people seem childish. ...>
:. Well meaning, short sighted persons
havc held up their hands in horror at
my PROPOSAL to allow the people them
Selves to construe the constitution
which they thepselves made. Yet this
Is precisely what the Association of the
Bar Of the City Of New York proposed
to do In =. the concurrent resolution
which was introduced at their request
into ureleSislature ON Jan. .18 last pro-
posing ;t6 amend tbe,state constitution
by a section reading as follows: "Noth-
Ing contained in this constitution shall
= be construed to limit the powers of the
legislature to enact laws such as the
"workuten's compensation act. In other
words, the New York Bar association
is proposing to appeal to the people to
. 'construe the constitution in such q
way as will directly reverse the court.
They are proposing to- appeal from the
J. highest court Of the state to the people.
: That Is just what propose to do.
.e'~ The Columbus Speech.
Remember, am mob discussing the
+ recall Of Judges, although wish 1t
distinctly understood that the recall is
mere piece Of machinery to take the
place OF the unavoidable impeachment
which Mr.. Taft in effect defends and
that If the days OF Maynard ever come
back again in the state OF New York
l should favor it. i have no wish to
come to IT, but our opponents, when
they object to all efforts to secure real
justice from the courts, are strength
enlng the hands OF those who demand
the recall. -. r.. 49,.
stand on the Columbus speech. The
principles there asserted are not new,
hut I believe that they are necessary
to the maintenance of free democratic
government. The part Of my speech in
which I advocated the right of the
people TO be the final arbiters OF what
is due sprocess Of law in the case Of
statutes enacted for, the general well
fare will ultimately j am confident. be-
recognized as giving strength and sup,
port to; the courts instead Of being rev.
olution&ry .Subversive. The courts
today owe thet country no greater or
clearer dutySthan to keep their hands
or such statutes t%hen they have any
reasonablya permissible. relation to the
public good. .f;%s> r ;.
My remedy tS not the result of q
library study Of constitutional law, but
Of. actual and long continued expert
ence In the use Of governmental power
to redress social and Industrial evils.
Again and again earnest workers for
social Justice have said to me that the
most serious obstacles that they haYe
encountered during the many years
! that they have been" trying, TO- save
American women, and children from
| destruction in American industry have
been the courts That is the judg-
ment Of almost all the social workers
| knew and Of dozens Of parish priests
and clergymen and Of every executive
and legislator who has been seriously
attempting to use government as an
agency for social and Industrial better
ments What Is the result Of this sys-
tenn OF. judicial notification? It was
accurately stated by the court Of ap-
peals OF New York In the. employers
liaDilitySiease, where 1t was calmly
and judiciallg declared that the people
underJGur republican government are
less .free.rto correct the evils that OPP
press them than are the people Of the
, monnrchle2 sof Europe. TO any man
|. with vision, to any man with broad
and. real social sympathIes, to any man
who believes with af1@hts heart In this
great democratic republic Of ours, such
/ a condition is intolerable. 1t is not
government by the. people, but mere
sham government, In which the will of
the people, is. defeated. / regard it as
monstrous that bench Of Judges shalt
then say. to- the people. You must begin
all ouer again. First amend your con.
stitution (which will take four yearsl;
second secure the passage Of a new
, law which will take two years norel;
| third, carry that new law over the
weary course Of litigation (which will
take no human being knows bow long1;
fourth, submit the whole matter over
again to the very same judges who
have rendered the decision to which
you object Then, If your patience holds
out and you finally prevail, the will Of
the majority Of the people may have
! its way" Such system, is not popular
government, but mere mockery Of
popular government It is system
framed to maintain and perpetuate So
Cial iniuRtice- and It can no dofondod