Perth Amboy evening news., 1912-03-21

let bis political philosophy reverse and
thwara the will of the majority. In
that function the judge must represent
the people or he fails in the test the gu
preme court has laid down. Take the
workmen's compensation act here iii
! New York. The legislators gave US a
law in the interest of humanity and
decency and fair dealing. In 80 doing
they represented the people and repre-
| sented them well. Several judges de
clared that law constitutional In our
state. and several courts in other states
| declared similar laws constitutional.
and the supreme court of the nation de-
clared a similar law affecting men in
interstate business constitutional, but
the highest court In the state OF New
York. the court Of appeals, declared
that we. the people of New York, could
not have such a law. l hold that In
this Ease the legislators and the judges
alike occupied representative positions
The difference was merely that the for
mer represented us well and the latter
, represented us Ill. Remember that the
legislators promised that law and were
returned by the people partly in conse
| Quence of such promise. That judg-
ment Of the people should not have
| been set aside unless 1t were irrational
Disbelief In tho People.
Mr.. Taft again and again. In quota
tons | have given and elsewhere
through his speech. expresses his dis
belief in the people when they vote at
the polls. In one sentence be says
that the proposition gives powerful
effect to the momentary impulse Of a
majority of an electorate and prepares
the way for the possible exercise of
the grossest tyranny" Elsewhere he
speaks Of the "feverish uncertainty"
and unstable determination of laws
by temporary and changing MAORI
ties" and again he says that the sys-
tenn l propose would result in suspen-
sion or application Of constitutional
guarantees according to popular whim,"
which would destroy ''all possible con-
sistency" in constitutional i%nterpreta-
ton. | should much like to know the
tAdGt 0lSt1LtLlOu LAdt 10 W pS hiu0C
| between what Mr.. Taft calls 1.-THE f1tful
impulse Of a temporary majority
when applied to a 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 constituting, to that
| extent, the constitution. would certain
ly 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 election of a man as president
to fill for four years the o impor
| tant Office In the land. In n of Mr.
Taft's speeches he speaks of 1.-THE
voice of the people as coming next to
the voice of God" Apparently. then,
the decision of the people about the
presidency, after four months deiiber
alton. is to be treated as next to the
voice of God" but Ii after two years
of sober thought they decide that wo
men and children shall be protected in
industry. or men protected from exces-
| sive hours of labor under unhygienjc
conditions. or wagewOrkers compen
| stated when they lose life or limb in
| the service of others, then their deci
sion forthwith becomes a "whim" and
''feverish" and unstable and an ex
| ercise of 1.-THE grossest tyranny" and
the Laying of the az to the root Of the
| tree of freedom"