New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-08-07
Counts Rank and File
as Standing for Him

The former President said that there
would have been no demand for PTes.-
Dental primaries If the politicians had
really tried 10 carry out the wi. OF the
people rs regards nominations for Prssi-
dent. Referring to the contest which
eliminated in the Chicago convention. he
declared that his chance was at mini
mum IN any state where he could not
get an expression Of the people them
selves in the primaries. and that n those
states where he could appeal 10 the rank
and file Of the Republican voters he
could generally win.
The bosses and their agents in the
/ Republican National Convention at Chi
csgo treated political theft as legiti-
mate political weapon Colonel Roose-
Welt declared and added:
THE nomination OF Mr. Taft az Chi
caeo was fraud upon the rank and file
/ Of the Republican party; It was obtained
only by defrauding the rank and nle OF
/ the party Of their right to express their
choice, and such fraudulen; action does
not bind a single honest member Of the
/ party"
/ After accusing Congress and the state
! legislatures OF again ard again mlsrep-
resenting the people. ex-President Roose-
Welt discussed the people and the courts.
He said;
lac American people. and net the
courts, are 10 determine their own funds-
mental policies The people should have
! power to zeal with the effect OF the acts
or all their governmental agencies. This
/ must be extended 10 INCLUDE the effect
1 Of judicial acts. az well az the acts of
| the executive and legislative repre- sertt-
! tives OF the people. Where the judge
merely does justice as between man and
, man. not dealing with constitutional Ques-
tions, then the interest OF the public Is
only 20 see that he IL wiss and an W
night Judge.
Means should be devised for making Il
easier than Al present 70 get rid Of an
/ Incompetent Judge: means should be d.
vised by the bar and the bench. acting
IN conjunction with the various legislu
tive bodies. 70 make justice far more ex-
pediuOUs and more certain than al pres
ent The stick-.n-the-bark legalism. tho
legslism that subordinates equity 10 tech
nicalties. should be recognized as a Pc
tent enemy OF justice. But this r. not the
/ matter OF most concern at the moment.
Our prime concern is that I'm dealing with
the Fundamental law OF the land IN Rs-
/ Stunning finally 20 interpret 70. and there
] fore finally 20 make Il, the acts Of the
4 courts should be subject 10 and not above
deny that the American people have
I surrendered 10 any set OF men, no matter
what their position or their charactcr.
the final right to determine those funda-
mental questions upon which free self
government ultimately depends. The
people themselves must Be the ultimate
makers OF their own Constitution. and
where their agents differ In their inter-
pretstions OF tns Constitution the people
themselves should be given the chance.
after fun and deliberate judgment au-
thoritatively 10 settle what Interpretation
Il T. that their representative shall there
after adopt as binding.
Whenever In our constitutional system
q government there exist general pTOhi-
billions that, as interpreted by the courts,
nulufv. or may be used TO nullIfr. specific
laws passed. and ADMITTEDLY passed, ~
( the Interest Of social justice, We are FOR
such immediate law, or amendment 10
tho Constitution II that be necessary, a.
will thereafter permit a reference 70 the
people Of the public effect OF such de-
/ cison. under forms securing fun delio.
GRAFTON. n the end that the specific act
OF the legislative branch Of Tho govern
rnert thus tudicially uullihed. and such
amendments thereof az come Wilhln !ts
$cope and purpose, may constitutions l;
/ lie excepted By vote Of the people from.
the general prohibitions, the same az u
that particular act had been expressly :
/ excepted when the prohibition vas adopt-