Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1912-04-05

accept it. accept 1t with reluctance
and hedge around 1t with every spe-
cies of restriction and check and bal
ance so as to make the power of the
people as limited and ineffective as
possible Mr.. Taft fairly defines the
issue when he says that our govern
ment Is and should be a government
Of all the Ieople by republican part
Of the people. This is an excellent
and moderate description of an dig
archy. 1t defines our government as
4 government for q few Of the people.
l am not speaking critically nor do
many honorable and well meaning
men Of high character take this view
and have taken 1t from the time OF
the formation OF the nation. Essen
TALLY this view Is that the cOnstitu-
ton is a strait jacket to be used for
the control of an unruly patient-the
people. Now l hold that this view Is
not only false. but mischievous. that
our constitutions are instruments de-
signed to secure justice by securing
the deliberate but effective expression
Of the popular will. that the checks
and balances are valuable as far and
only SO far as they accomplish that
deliberation and that it Is a warped
and unworthy and improper construc-
tion Of our form Of government to see
In it only a means of thwarting the
popular will and Of preventing justice.
Mr.. Taft says that "every class"
should have voice" in the govern
ment. That seems to me very ser
ious misconception of the American
political situation. The real trouble
with US Is that some classes have had
too much voice. One Of the most i'm
portant of all the lessons to be taught
and to be learned is that man should
vote not as a representative of class.
but merely as a good citizen. whose
prime interests are the same as those
Of all other good citizens.
Taft's "DisbeiIef In the People,"
Mr.. Taft again and again in quota
tions l have given and elsewhere in
this speech expresses his disbelief In
the people when they vote at the polls.
AZ OuC oCukCACC AO Bays Sn0S kA0
proposition gives powerful effect to
the momentary impulse of a majority
Of an electorate and prepares the way
for the positive exercise Of the gross
est tyranny Elsewhere he speaks
Of the 'feverish uncertainty" and "un-
stable determination of laws" by tenn
porary and changing majorities. and
again he says that the system I pro-
pose. would result In suspension or
application of constitutional guaran-
tees according to popular whim,"
which would destroy "all possible con-
sistency' in constitutional interpreta-
ton. should much like to know
the exact distinction that IL to be
made between what Mr.. Taft calls
"the fitful impulse Of a temporary
majority" when applied to question
such as that raise and any other
question. Remember that under my
proposal to review q rule Of decision
by popular vote. amending or con-
strung to that extent the constitu-
ton could certainly take at least two
years from the time Of the election
Of the legislature which passed the
act. Now, only four months elapse
between the nomination and the cleo
ton Of a man as president to fill for
four years the most important Office
in the land. In one of Mr.. Taft's
speeches he speaks Of the voice of
the people as coming next to the voice
Of God" Apparently. then, the de-
cision Of the people about the presi-
dency, after four more years of delib-
Grafton. is to be treated as next to
the voice of God" but II after two
years Of sober thought they decide
that women and children shall be
protected in industry. or men protect
ed from excessive hours Of labor un-
der unhygienic conditions. or wage
| workers compensated when they lose
life or limb In the service of others,
| then their decision forthwith becomes
"whim" and feverish "and unstable"
and an exercise Of the "grossest tyran-
ny" and the laying Of the axe at the
foot Of the tree Of freedom"
That Is the old. old doctrine which
has been acted upon for thousands of
years abroad and which here In Amer
lea has been acted upon sometimes
openly, sometimes secretly. for forty
years by many men in public and in
privste life. and am sorry to say BY
many judges. doctrine which has in
fact tended to create a bulwark for
privileges, bulwark unjustly protect
ing special interests against the rights
Of the people as a whole. This doc
trine is to me q dreadful doctrine, for
its effect is. and can only be. to make
the courts the shield Of privilege
against popular rights. Naturally. ev-
cry upholder and beneficiary Of crook
ed privilege loudly applauds the doc
trine 1t 10 behind the shield Of that
doctrine that crooked clauses creep
into laws that men Of wealth control
legislation.
Remember, ! am not discussing the
recall Of judges-although l wish 1t
distinctly understood that the recall
II q mere piece Of machinery to take
the place Of the unworkable impeach-
ment which Mr.. Taft in effect defends
and that II the days Of Maynard ever
came back again In the state Of New
York ] should favor 1t. have no wish
to come to 1t, but our opponents when
they object to all efforts to secure real
Justice from the courts are strengthen
ing the hands Of those who demand
the recall. In . great many states
there has been for many years q real
recall of Judges a. regards appoint.
uents. promotions. re-appointments
&nd reflections. And this recall was
through the turn Of q thumbscrew at
the end OF long distance rod in the
hands Of great sinterests. believe
that just Judge would feel far safer
in the hands. of tho people than In the
hands Of those interests. My remedy
10 not the result Of library study Of
constitutional Law. but of actual and
long continued experisnce~in the use
Of governmental power to redress
social and industrial evils. Again and