The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-21

arteries have not long since hardened
can doubt that the proposed changes
are needed when the legislatures re-
fuse to carry out the will of the peo-
pie. The proposal is a method to
reach an undeniable evil. Then there
is the recall of public offcers-the
principle that an officer chosen by the
people who is unfaithful may be re-
called by vote of the majority before
he finishes his term. | viii speak OF
the recall of judges in a moment
leave that asfde-but as to the other
officers, have heard no argument
advanced against the proposition,
save that it will make the public Off
Ger timid and always currying favor
with the mob. That argument means
that you can fool all the people all
the time, and is an avowal Of disbe-
lief in democracy. If it be true-and
I believe it is mott is less import
ant than to stop those public officers
from currying favor with the inter
eSts
Then there is the direct primary
the real one, not the New York one
and that. too, the Progressives oner
as a check on the special interests.
Most clearly of all does it seem to me
that this change is wholly good-for
every state. The system of party
government is not written in our con-
situations. but it is ncne the less
vital and essential part of our form
of government. In that system the
party leaders should serve and carry
out the will Of their own party There
is no need to show how far that
theory is from the facts. or to re-
hearse the vulgar thieving partner
ships of the corporations and the
bosses, or to show how many times
the real government lies in the hands
of the boss, protected from the COM
mands and the revenge of the voters
by his puppets in Office and the power
CT patronage We need not be told
how he is thus intrenched nor how
hard he. is to overthrow. The facts
stand out in the history of nearly ev-
cry state in the Union. They are
blots on our political system The
direct primary will give the voters
method ever ready to use. by which
the party leader shall be made to
obey their command. The direct
primary, If accompanied by a strin
gent corrupt practices act. will help
break up the corrupt partnership OF
corporations and politicians.
My opponents charge that two
things in my program are wrong be-
cause they intrude into the sanctuary
of the judiciary. The first is the re-
call of judges; and the second. the re-
view by the people of judicial de-
cfsions on certain constitutional ques-
IN nd
that l do not advocate the recall of
judges in all states and in all COM
munities Butt say it soberly-
democracy has a right to approach
the sanctuary of the courts when
special interest has corruptly found
sanctuary there; and this is exactly
what has happened in some of the
states where the recall of the judges
is a living issue. l would far more
willingly trust the whole people to
Judge such a case than some special
tribunal-perhaps appointed by the
same power that chose the judge-if
that tribunal is not itself really re-
sponsible to the people and is ham
pered and cIogged by the TECHNICAL
ties of Impeachment proceedings.
1 have stated that the courts of the
several states-not always but often
have construed the due process"
clause Of the state constitutions as if
it prohibited the whole people of the
state from adopting methods of regu-
lsting the use of property SO that
human life, particularly the lives OF
the workingmen, shall be safer, freer,
and happier. No one can successful
ly impeach this statement I have
insisted that the true construction of
due process is that pronounced by
Justice Holmes in delivering the
unanimous opinion of the Supreme
Court when he said:
The police power extends to all the
great public needs. 1t may be put
forth in aid of what is sanctioned by
usage. or held by the prevailing
morality or strong and preponderant
opinion to be greatly and immediate
ly necessary to the public welfare"
l insist that the decision of the
New York court of appeals in the Ives
case, which set aside the will of the
majority of the people as to the COM
pensation of injured workmen in dan
gerous trades. was intolerabIe and
based on a wrong political philosophy.
/ urge that in such cases where the
courts construe the due process
clause as if property rights. to the
exclusion of human rights. had first
mortgage on the Constitution. the
people may, after sober elaboration,
vote, and finally determine whether
the law which the court set aside
shall be valid or not By this method
can be clearly and finally ascertained
the preponderant opinion of the peo-
pie which Justice Holmes makes the
test of due process in the case of laws
enacfad in the axercisa of the nnItca