Audubon County journal. (Exira, Iowa) 1884-1993, 1912-04-18


present system. which provides an Inn
parchment remedy that in practice
never works, and provides no efficient
way whatever for overruling judicial
misconstruction of the constitution.
Do you believe In the "review Of
judicial decisions" by state courts, and
what do you mean by Il?
I do. What l mean may be fully ex-
pressed by the phrase, "The right Of
the people to review certain judicial
decisions which nullify laws demanded
by the people in the exercise of the
police o. general welfare power on the
ground that these laws are unconsti-
tutional." This would amount to
simpler method of constituting or
amending the judicial Interpretation
OF the constitution wherever such in
depreciation becomes clearly adverse
to human rights. 1 believe, as l have
said over and over again. that when
the highest court of state differs
from the legislature Of that state on
the question of the constitutionality of
law vitality affecting the conditions of
life and labor among wage-earners,
the people should have the right to de.
termine in an election whether the
constitution which they have framed
was meant by them to permit such a
law. This method cannot apply to
questions as to the federal constitu-
ton; have made this distinction
clear in my Columbus speech. The
Jurisdiction of the United States Su-
preme court concerning the federal
constitution must remain supreme
over the whole people. The constitu-
lions of the separate states are in
daily process of making by the people
of those states, and l would therefore
vest in the people of each state the
final authority as to what their state
constitution should be. would not
make the people the final Judge in
legal questions between individuals,
but l would make the people the final
umpire in such a conflict as that above
outlined between the legislature and
the judiciary in any given state.
The personal differences between
some of my opponents and myself are
only Incidents of a fundamental diff
ference of view. My opponents be-
lieve, as many Of the founders of our
government believed, that the people
as whole have neither the capacity
nor the training to decide questions of
broad governmental policy. Many of
our fathers thought that the people
could not be trusted to elect presi-
dents or senators and therefore de-
vised the Electoral College, which we
have abandoned, and the legislative
method Of electing senator's, which we
are abandoning. My opponents think
that special class, the legal class, is
the proper one finally to determine
questions OF basic political philosophy;
l believe that the ultimate authority
rests in the people and must be exer-
cised by the people. This of course
does not mean that the people should
not employ experts to do their work
for them. For instance. having Sc
lected the president, the voters should
give him full executive power; but II
the voters decide that they want a
parcels post, they should expect him
to make. with loyalty to their decision
the best parcels post that can be
made; and they will not expect him
to decide for them as to whether they
are to have parcels post or not In
law, having framed the constitution
and the statutes, they should choose
the best judge that they can to carry
out the provisions of the constitution
and the statutes; but if the- decide
that they want workmen's compensa-
ton act, they ought to expect the
judge to administer such an act, and
not to determine whether workmen's
compensation act is good for them or
not 1t is none of the judges bust
ness to say whether the people ought
to wish and to have such an act; it is
the peoples business, and only theirs
If the people decide las the Canadians
have decidedly that it is true func-
ton of government to formulate and
regulate the relations of organized
capital and organized labor, including
wages. hours, and conditions of work,
they will not expect the judges-and
the judges must not expect-to decide
that this is not true function of gov
eminent; and If the Judges endeavor
to assert their view as opposed to the
peoples view, the people ought in legal
fashion to tell them they are mistaken
and, If the judges persist, remove them
and get judges who will administer the
law based upon the theory of govern
ment which the people in the exercise
of their sober and deliberate judgment
have decided to be good.
nl0klTu TnIInT