Perth Amboy evening news., 1912-03-21


lies. Tint Is their purpose. Now turn
for a moment to their proposed meth.
DDS.
First there are the initiative and
referendum" which are so framed that
IL the legislatures obey the command
of some special interest and obstinately
refuse the will of the majority the ma
jority may step In and legislate direct
ly. No mar would say that 1t was best
to conduct all legislation by direct vote
OF the people-ft would mean the loss
of elaboration. of patient consideration
--bnt. on the other hand. no one whose
mental arteries have not long since
hardened can doubt that the proposed
changes are needed when the legisla
tuvts refuse to carry out the win of
the people The proposal is a method
TO reach an undeniable evil. Thel
there is the recall Of public officers. 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 | will speak of
the recall. OF judges In a moment
leave that aside-but. as to tho other
officers, / have heard no argument nd-
vanced against the proposition save
that it will make the public officer
timid and always currying favor with
the mob. That argument means that
you can fool aE the people all the time
ard is an atowal of disbelief in democ-
raey If 1t be true-and | believe it Is
motif is less important than to stop
those public officers from currying Ga.
vor with the interests.
Then there is the direct primary-the
real one not the New York one-and
that. too. the progressives offer as a
check on the special interests. Most
clearly of all does 1t seem to me that
this change Is wholly good for every
state. The system of party government
Is not written In our constitutions. but
it's none the less a vital and essential
part of our form of government. In
thai 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 rehearse the vulgar thieying part
nerships 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 commands
and the revenge of the voters by his
puppets in Office and the power of pat
ronIge. The direct primary will give
the voters a method ever ready to use
by which the party leader shall be
made to obey their command. The di
rect primary. If accompanied by a
stringent corrupt practices act. will
help break up the corrupt partnership
Of corporations and politicians.
Recall of Judges.
My opponents charge that two things
In my program are wrong because they
intrude into the sanctuary of the judi
ciary. The first is the recall of judges
and the second the review by the peo
pie of Judicial decisions on certain q
stitutional questions, | have said again
and again that / do not advocate the
recall OF judges In all states and in all
communities, The integrity of our
judges from Marshall to White and
Holmes-and to Cullen and many 9th
ers In our own state-is a tine page OF
American history Butt say 1t sober
ly-democracy has the right to ap
proach the sanctuary Of the courts
when d special interest has corruptly
found sanctuary there.
stated that the courts of the
several ststes-not always. but often
have construed the due process
clause of the state constitutions as If
tt@prohibited the whole people of the
state from adopting methods Of regu
iating the use of property SO that hu
man life. particularly the lives of the
happier No one can successfully Inn
peach this statement. ! have insisted
that the true construction OF due proc
ess" is that pronounced by Justice
Holmes in delivering the unanimous
opinion of the supreme court of the
United States. 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 mo
rality or strong and preponderant opin
ion to be greatly and Immediately
necessary to the public welfare
| insist that the decision OF the New
York court of appeals in the Ives case.
which set aside the viii Of the ma
jority of the people az to the compen
sation of injured workmen III danger
GUS trades. was intoierable and based
on a wrong political philosophy urge
that In such cases where the courts
construe the due process clause as II
property rights. to the exclusion of
human rights. had a first mortgage on
the constitution, the people may. after
sober elaboration. vote and finally de
termine whether the law which the
court set aside shall be valid or not
By this method can be clearly and final
iy ascertained the preponderant opin
ion of the people which Justice Holmes
makes the test of due process In the
case of laws enacted in the exercise
of the police power The ordinary
methods now In vogue of amending
the constitution have in actual practice
proved wholly inadequate to secure'
justice in such cases with reasonable
speed and cause intolerable delay and
injustice. and those who stand against
the changes I propose are champions
of wrong and injustice and of tyran