New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-27
THE B4SIS or LIBERTY

Senator Henry Cabot Lodge follows
I'M his refusal to Join his lifelong friend.
Mr.. Roosevelt i'm tho organization OF
the third term party with the publication
in "The North American Review for
July. Of an address recently delivered
on "The Constitution and It's Makers,
which Is worthy Of the attention OF
every thoughtful voter. II Is IN aston
ishing thing. as Mr.. Lodge points out,
that in the last ten years, for the hrSt
time in our history. impatient agitators
and raw dcmagogucs have begun 10
nrcach the doctrine that our COnSttu-
tion was not. as it had been universally
regarded the wise safeguard OF our llb-
critics. but an instrument Of aristocracy,
a straitjaCkct put upon us by mcE
like Washington, and Franklin, ana
Madison. "whO did not trust the people.
That doctrine has been industriouSly
preached In recent years 10y radicals,
some Of whom were in evidence sup
porting the third term movement at
Chicago. They find great satisfaction In
Mr. Roosevelt's doctrines Of the initia-
tive. the referendum and the recall or
judicial decisions and In his criticism OF
those who. like Mr.. Taft. defend repre-
sentative government. as believers not
I'm popular rule but i'm rule hy political
bosses
Senator Lodge sguarcly challenges
those notions and defends The COnSttu-
ton as the basis Of true popular GOV
crnment in which the people are SUI
nrcme and we're deliberately meant 10
be supreme, with the wise safeguard for
the whole people that it was the real
twill Of the people which ruled and not
their momentary impulses. their well
considered desire and determination
"and not the passion Of the hour, the
"child. perhaps, of excitement and mis-
take inhamcd by selfish appeals and ter
"rnrlZpd by false alarms II is this real
will for which impatient reformcrs do
not wish ~ wait They now have the
initiative in the guaranteed right OF pee
tition. and few legislatures refuse Il
popular demand Of such proportion that
It can be reasonably said TO represent
the real will Of the people. But this is
too slow. So a compulsory Initiative IS
proposed which would enable Il small
minority Of the people TO force leGlS-
lature. not TO frame a measure with care
but 10 submit one perhaps Crudcly ana
unwiscly drawn at their dictatiOn to
popular vote in the expectation Of car
A. l.. e no
iorify. We have refcrendums now in
plenty, and experience shows that with
them it is generally case OF minority
rule Only a small part Of even the
most intelligent electors will or can give
attention TO the details Of legislation.
Under our system representatives are
chosen 10 do that work. and the attempt
TO substitute plebiscite for them
means merely that an inSistent minority
can the more quickly place upon the
statute books fad about whose utility
majority have not yet reached a con
sidered opinion.
Senator Lodge in his article reviews
the historic basis Of our Independent
judiciary and convincingly shows how
fatal would be any invasion Of it by
subiecting either judges themselves or
their decisions tG review at the ballot
box. Individual liberty-the rights Of
the poor man. ar the mOmentarily UNI
popular man-depends ns much on max
Ing the Judge independent Of the SOW
ereign In the marketplace as Of the
sovereign on the throne. and the whole
doctrine Of judicial recall IS based on
the theory that the people have the right
to dominate the tribunals In which their
doings, "a they may affect the tights Of