The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1912-02-22

|
stead of law-enforcing, agency.
Here again the settled will Of So
ciety 10 correct confessed evils has
been set at naught by those who
place metaphysics above life. II is
the courts, not the constitutions, that
are at fault 1t is only by the process
which James Russell Lowell, when
answering the critics of Lincoln,
called 'pettifogging the constitution.
that constitutions which were de-
signed to protect society can thus be
made to defeat the common good.
Here again the recall is recall OF
the administration of justice back
from academical refinements to social
service"
There is one kind of recall in
which | very earnestly believe, ana
the immediate adoption Of which l
urge. There are sound reasons for
being cautious about the recall OF
good judge who has rendered an I'M
wise and improper decision. Every
public servant, no matter how valua-
BILE, and not emitting Washington or
Lincoln or Marshall, at times makes
mistakes. Therefore we should be
cautious about recalling the Judge
and we should be cautious about in
terferiDg in any way with the Judge In
decisions which he makes in the ordi-
nary course as between individuals.
But when a Judge decides constitu-
tional question, when he decides what
| the people as a whole can or cannot
do, the people should have the right
to recall that decision If they think II
wrong. We should hold the judiciary
in all respect; but it is both absurd
and degrading to make fetish OF
| Judge or Of any one else.
! Lincoln actually applied In sue
cessful fashion the principle OF the
recall in the bred Scott case. He de-
nounced the Supreme court for that
iniquitous decision in language much
| stronger than | have ever used IN
criticizing any court, and appealed to
| the people to recall the decision-the
word recall in this connection was
not then known, but the phrase eX-
| actly describes what he advocated
He was successful, the people took his
view, and the decision was practical
y recalled. It became dead letter
without the need of any constitutional
amendment.
The Law and the State.
Under our federal system the rem
edy for wrong such as Abraham
Lincoln described is difficult. But
the remedy is not difficult in a state.
What the Supreme court of the ma
ton decides to be law binds both the
national and the state courts and all
the people within the boundaries Of
the nation. But the decision of a
state court on constitutional ques-
ton should be subject TO revision by
the people of the state. Again and
again in the past justice has been
scandalously obstructed by state
courts declaring state laws in con
fict with the Federal Constitution
although the Supreme court of the ma
ton had even decided In a contrary
sense. When the supreme court OF
the state declares a given statute un
constitutional because in conflict with
the state or the National Constitution,
its opinion should be subject to re-
vision by the people themselves.
Such an opinion ought always to be
treated with great respect by the peo-
pie, and unquestionably in the major.
ity of cases would be accepted and
followed by them. But actual eX.
perience has shown the vital need Of
the people reserving to themselves
the right to pass upon such opinion
FIT Is sustained we'll and good ",
not. then the popular verdict is to be
accepted as final, the decision is to
be treated as reversed. and the con.
struction of the Constitution definite,
ly decided-subject only to action by
the Supreme court Of the United
States.
Many eminent lawyers who more or
less frankly disbelieve in our entire
American system of government for
by, and Of the people violently an
tagonize this proposal They believe,
and sometimes assert, that the Amer.
lean people are not fitted for popular
government, and that 1t Is necessary
to keep the judiciary independent OF
the majority or of all the people,"
that there must be no appeal to the
people from the decision OF a court
In any case; aE1 that therefore the
judges are to be established as sover.
eign rulers over the people take
absolute issue with all those who hold
such a position. ! regard 1t as com
plete negation of our whole system
of government: and II II became the
dominant position in this country. i'll
would mean the absolute upsetting oil
both the rights and the rule OF the
people. n the American people are
not At for popular government. and
II they should Of right be the servants
and not the masters of the men whom
they Themselves put in Office. then
Lincolns work was wasted and the
whole system of government upon
which this great democratic republic
rests Is failure. believe, on the
contrary, with all my heart that the
American people are NJ for complete
self-goyernment, and that. in spite OF
all our failings and shortcomings, we
OF this republic have more nearly real
lied than any other people on earth