Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1912-02-21
IS FOR The JUDICIAL RECALL
BUT ONLY AS A LAST RESORT;
SUGGESTS THE RECALL OF
JUDGES DECISIONS
SAYS PEOPLE SHOULD RULE
TELLS OHIO CONVENTION HE BE.
LIEvEs IN DIRECT ELECTION
OF SENATORS

-
Columbus, o., Feb 21.-"Big Busi-
ness" the fitness of the American peo-
pie for self government, the recall of
judges, and praise for the progressive
legislation in Wisconsin instituted by
and furthered by Senator Robert M.
LaFollette when he was governor,
were topics discussed by Theodore
Roosevelt in an address today before
the Ohio constitutional convention
here. Colonel Roosevelt chose as his
subject, "A Charter of Democracy"
OF what he termed big Business" "
Colonel Roosevelt had this to say:
THE antitrust law does good inso-
far as it can be invoked against COM
binations which really are monopolies
or which restrict production or which
artificially raise prices. But in SO far
as its workings are uncertain or as it
threatens corporations which have
not been guilty of anti-social conduct
it does harm. There should be a fixed
governmental policy which shall
clearly define and punish wrong-doIng 4
and give in advances fun Information Il
to any man as to just what he can
and just what he cannot legally and
properly do"
AS to the fitness of the American
people for self government, Colonel |
Roosevelt said:
MANY eminent lawyers believe that
the American people are not fitted FOR
popular government and that it is
necessary to keep the judiciary indie
pendent of the majority of the peo-
ple.' take absolute issue with all
those who hold such a position"
Of the recall of judges, he said;
"The question is one of expediency
merely. Each community has the
right to try the experiment for itself
in whatever shape 1t pleases. / do
not believe in adopting the recall save
as last resort when it has become
clearly evident that no other course
will achieve the desired result"
Senator LaFollette was mentioned
but once, as follows:
"Following Senator LaFolette
number of practical workers and
thinkers in Wisconsin have turned
that state into an experimental labor
- ..,;ro ,rovorppooptot action in
aid of social and industrial justice.
They have initiated that kind of pro-
gressive government which means not
only the preservation of true democ-
racv into industrialism as well as into
politics"
Colonel Roosevelt said In part:
"I hold it to be the duty of every
public servant, and of every man
who in public or in private life holds
a position of leadership in thought or
action, to endeavor honestly and
fearlessly to guide his fellowcountry-
men to right decisions; but | emphat-
icallv dissent from the view that it is
either wise OF necessary W IL " w
wise methods which unoer the consti-
tuition will automatically prevent the
people. from deciulng for themselves
what governmental action they deem
just and proper.
1T is impossible to invent consettu-
tional devices which will prevent the
popular will from berng effective for
wrong without also preventing it from
being effective for right. The only
safe course to follow in this great
American democracy rs to provide for
making the popular judgment really
effective. But it is false constitu-
tionalism, false craftsmanship, to
endeavor by the exercise of a per
verted ingenuity to seem to give the
people full power and at the same
time to trick them out of it.
"Yet this is precisely what is done
in every case where the state permits
its representatives. whether on the
bench or in the legislature or in ex-