El Paso herald. (El Paso, Tex.) 1901-1931, 1912-02-21

, practice impossible to totally eliminate
this element OF monopoly, should De
carefully supervised, regulated ana
controlled by governmental authority
and such control should be exercised
by admins tratiTe, rather than BY 1u-
dicial. officers No effort should be
merely because 1t is biz merely De
cause It has shown itself a peculiarly
efficient business instrument
Designating the Illegai.
The legislature should make II more
clear exactly what methods are lie
gal, and then the judiciary viii be IN q
better position 70 punish adequately
and relentlesslv those who insist on
defying the clear legislative DEGREES
I do not believe any absolute private
monopoly is justified, but 4 our great
combinations are properly supervised
so that immoral practices are prevent
TO pass, as the laws OF compelltlon
and efficiency are against It.
shape your constitutional action SO
that the people will be able through
their legislative bodies or, raining tnaI
By direct popular vote, 70 proFlce
workmen's compensation acts. to regu-
late the hours Of labor for children and
for women, TO provide Tor their saIety
while al work, ana 70 prevent over
work under unhygientc or UNSAFE con-
ditions. See TO IL that no restrictions
are placed upon legislative powers that
VIII prevent the enactment OF laws
under which your people can proinole
the general welfare the common good
so much FOR the ends OF govern
ment and I have, OF course mercy
sketched in outline what the endS
should be. Now for the machinery Dy
which these ends are TO be acnleNeQ,
and here again remember only sketch
in outline and DO not for moment
pretend TO work out in detail the
methods Of achieving your purposes
Believes in short Ballot.
~na first u1ana i believe IN the
short ballot. You cannot get good SER
vice from the public servant u you
cannot see him, and there IS no more
effective way Of hiding him Lnan Dy
mixing him UP with a multitude OF
others so that they are none OF them
important enough 10 catch the eye OF
the average WOrkaday cluAeu us
crook in public life is not ordinarily
tbe man whom the people themselves
elect directly to a highly Important
and responsible position me pro
fessfonaI politician and the proIes-
sfona1 lObvfst thrive most rankly ull-
der q system which provides multi
tude Of elective officers. OF such 81
vfded responsibilities and or Sucn oD-
scrrftv thar the public knows, ana
can know, but little as 10 tnelr oulies
ana ire V-av they perform them
The people have nothing WnateNeI
10 fear from giving any pubic servant
power so long as they retain tAe-I
power to hold him accountable Tor MS
71ea ~ the povver they have delegated 10
him. You VIII get best service WneEe
YOU elect only few men, ana we
each man has his definite duties anl
responsible ities. and IS obliged TO sFOEh
in the open SO that the people know
who he is and what he IS doing, ana
have the Information that viii enapte
them to hold him 10 account Tor ms
stewardship
q believe in providing for direct nom
nations by the people. including mere
in direct preferential primaries for the
election Of delegates to the national
nominating conventions belieNe IN the
election Of United States senators ~
direct vote. 7 believe in the initiative
ard the referendum, which should De
used not TO destroy representative
government, but TO correct II whenever
It becomes Representative
Use OF Initiative and Referendum
Il believe that the initiative and ref
erendum should be used, not as sub
stitutes for representative government,
but as methods Of making such gov
eminent really representative Action
by the initiative or referendum ought
not to be the normal way OF leBisla-
ton, but the power to take ii should
be provided in the constitution. so that
II the representative fail truly to rep
resent the people on some matter OF
sufficient importance TO rouse popular
interest, then the people shall have in
their hands the facilities to make good
the failure.
-And 7 urge you not to try TO put
constitutional letters on the leglsla-
ture as so many constitution makers
have recently done. such action on your
part would invite the courts to render
nugatOry every legislative act to better
social conditions Give the legislature
an entirely free hand, and then provide /
by the initiative and referendum that I
the people shall have power to reverse Z
OF supplement the work Of the legisla-
ture should it ever become necessary. {
The Recall Question.
A n hall
that there is any great necessity for /
II as regards short term elective Of I
Ulcers. There remains the question Of I
the recall Of judges.
An Independent and upright ju- /
dietary which fearlessly stands for the I
right even against popular clamOr but I
" nich also understands and sympathizes /
with popular needs, is a great asset OF I
necessity for the courts Interpretation j
OF me law, as law without the power 4
TO cnange the law or to substitute some I
otner lnlng tnan law for it. But I agree I
Win every great Jurist from Marshall 4
40 WnMafQs- when I say that every I
luuge IS bound to consider two sep
araIe elements IN his decision OF a case.
one lne terms OF the law, and the other /
the conditions OF actual life to vrhfcb 4
-Ae iaW IS 70 be applied Only by tax /
Ing both Of these elements into ac- {
count Is Il possible TO apply the law
rs ITS spirit and intent demand shat I
Judge Is Peoples Servant.
moreover never forget that the
Judge Is just as much the servant Of the Z
people as any other official OF course
he must act conscientiousIy. He must
not 90 anything wrong because there
s popular clamor for it. any more than
lnoer slIlllar circumstances a COVER
nor or legislator or a public UTILITIES
should do wrong R15f A.,
heir turn the people must follow their
conscience. ana when they have def
litely decided on a given policy thew
must have public servants Mo --ii1
AIRY out that policy
Keep clearly In mind the 5fstfncffo,
between the end and the means to a.
ain that end Our aim IS to set the
ype Of judge that 7 have described -
Keep him on the bench as lone- es -,,oS
dbls. and to keep off the bench s0d
f necessary, take off the bencb az
wrong type Of Judge. The o,1estfo, -
.pDlyinE the recall in any shane =
me of expediency merely. Fcac7 -
nunity has a right to try fha s~So-5
nent for Itself IN whatever shane Il
leases.
I DO not believe in adoptin. +be -
ali save as a last resort, when r. has
'ecome clearly evident that No ofbe-
curse viii achieve the desired resTIf
3ut either the recall VIII have to he
dopted OF else It VIII have to be made