The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-02-21

whole system of government; and il
it became the dominant position in
this country. 1t would mean the abb
solute upsetting of both the rights
and the rule of the people. If the
American people are not fit for popu-
Of right be the servants and not the
masters of the men whom they Them
selves put in office. then Lincoln's
work was wasted and the whole sys-
tenn of government upon which this
great democratic republic rests is a
failure. 1 believe. on the contrary,
with all my heart that the American
eminent, and that, in spite of all u
failings and shortcomings. we of this
republic have more nearly realized
than any other people or earth the
ideal of Justice attained through gen.
uine popular rule.
IF the courts have the final say-so
on all legislative acts. and if no APP
peal can die from them to the people.
then they are the irresponsible mas
tiers of the people. In other words.
those who take this position, hold
that the people have enough intelli-
gence to frame and adopt a constitu-
ton: but not enough intelligence to
apply and interpret the constitution
which they have themselves made.
A&oW NhS PoMGl w illG lPISI 10 lie
power to establish: and if the people
are not to be allowed finally to inter-
pref the fundamental law. ours is not
Il popular government.
\ Swat at Baldwin.
"A typical case was the decision
rendered but a few months ago by
the court of appeals of my W state.
the state of New York. declaring un.
constitutional the workmen's COM
pensation act. The judges admitted
that other civilized nations had abol-
1shed those wrongs and practices.
But they took the ground that the
constitution of the United States, in
stead of being an instrument to Sc
cure justice. had been ingeniously de-
yised absolutely to prevent Justice.
They insisted that the constitution
had permanently cursed our people
with impotence to right wrong. and
had perpetuated n cruel iniquity.
N anarchist orator. raving against
he constitution, ever framed an in
dlctment of it so severe as these
worthy and well-meaning Judges must
be held to have framed if their rea-
soning be accepted as true. In it's
essence it was reversed by the decis-
ION of state courts in states like
Washington and Iowa. n by the SUI
preme court of the nation in a East
but a few weeks old.
h1ioW VI Ho populdT vote ny any
state of the union more fragrant in
Its defiance of right and Justice, more
short-sighted in it's inability to face
the changed needs of our civilization.
than this decision by the highest court
Of the state of New York. Many OF
the judges Of that court I knew per-
s%onally. and for them 1 have a pro
found regard. Even for as fragrant
a decision as this I would not vote
for their recall: for I have no doubt
the decision was rendered in accord
ance with their ideas of duty. But
most emphaticallv. I do wish that the
people should have the right to recall
the decision itself. and au~thoritatiyely
to stamp with disapproval what can
not but seem to the ordinary plaii
citizen q monstrous misconstruction
of the constitution. a monstrous per-
version of the constitution into an
instrument for the perpetuation Of
social and industrial wrong and for
the oppression of the weak and helm
less. ~
IF there must be decision by a
close majority, then let the people
step in and let it be their majority
that decides"