The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-03-21

! Court, as follows:
The police power extends to all the
great public needs. It may be put forth
In aid of what Is sanctioned by usage,
or held by the prevailing morality or
strong and preponderant opinion TO be
greatly and Immediately necessary to
The decision of the court of appeals
OF this State in the Ives case, which
set aside the will Of the majority, Of
the people," he said, was intolerable,"
and based on wrong political philosophy.
He continued:
"I urge that in such cases where
clause as If property rights, to the ex-
clusion of. human rights, had first
| mortgage on the Constitution, the peo-
pie may, after sober elaboration, vote
and finally determine whether the law
which the court set aside shall be
valid or not BY this method can be
clearly and finally ascertained the pre-
ponderant opinion of the people which
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 &C
tual 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 1 propose
are champions of wrong and injustice
and of tyranny by the wealthy and
the strong over the weak and the help
less
What He Now Proposes.
so that no man may misunderstood
me, let me recaritulate: ID ! am not
proposing anything in connection with
the Supreme Court of the United States
or with the Federal Constitution. CD
am not proposing anything having any
connection with ordinary suits, civil or
criminal, as between individuals. (3 l
am not speaking of the recall o. judges.
"a am proposing merely that In
certain class of cases involving the 20
lice power, when a State court has set
aside as unconstitutional law passed
fare, tire question of the validity of the
law-which should depend, as Justice
Holmes so well phrases 1t, upon the
prevailing morality Or or d prepoin 11eraI
nation to a vote of the people, taken
after Que time for consideration And
contend that the people. in the nature
of Things, must be better judges of
What is the preponderant opinion than
the courts. and that the courts should
not be allowed to reverse the political
philosophy of the people.
Shows Taft's Position.
"The President Of the United States.
Mr., Taft, devoted most Of recent
speech to criticism of this PROPOSE
ton. He says that 1t is utterly
without merit or utility, and instead
of being the INTEREST," of all
the people and OF the stability of
popular government, is sowing the
seeds of confusion and tyranny BY
this he of course means the tyranny
of the majority; that u.s. the tyranny
of the American people as whole.
He, also says that my proposal
(Which, as he rightly sees, Is merely
a proposal to, give the people real
instead of only a nominal chance to
construe and amend a state consti-
tuition with reasonable rapiditO
would make such amendment and in
depreciation depend on the feverlsh
uncertain and unstable determination
of successive votes on different laws
by temporary and changing major
the foot of the tree of we'll ordered
freedom and subjects the guarantees
of life. liberty and property without
porary majority of an electorate.
This criticism Is really less a criti-
cism of my proposal than a criticism of
,Intoundcd. unless it is founded on the
belief that the people are fundament-
ally untrustworthy. II the Supreme
Courts definition of due process in re-
an act Of the Legislature to promote
the collective interests of the communi-
ty must be valid, II 1t embodies a policy
held by the prevailing morality or a
pTepOnueTdnC opinion TO De necessary TO
the public welfare. This is the question
that I propose to submit to the people.
Condemns It as OGgarchy.
"Mr. Taft's position Is the position
that has been held from the beginning
of our Government. although not al
ways so openly held, by a large num-
Der of reputable and honorable men
who, down at bottom, distrust popular
W
cept 1t, accept it with reluctance. and
hedge 1t around with every speriAs OF
restriction and check and balancl, so
Is 20 make the power of the people as
limited and as ineffective as possible.
Mr.. Taft fairly defines the issue when
he says that our Government is and
should be government OF all the peo-
pie. This is an excellent and moderate
description of an oligarchy. 1t defines
our Government as government of all
of the people by a few of the people.
"Essentiallv this view differs only
in its expression from the view max
edly set forth by one of his support
ers. Congressman Campbell. Con-
gresham Campbell, in a public speech
in NeW Hampshire. in opposing the
proposition TO give the people real
servants, including the judges, stat
ed that this was equivalent to allow
ing an appeal from the umpire to
the bleachers. Doubtless Congress
or the cynical truthfulness with
which he was putting the real atttI-
tude of those for whom he spoke, but
II unquestiOnably is their real atti-
tUde. Mr.. Campbell's conception OF
the part the American people should
Tlay in self government is that they
should sit on the bleachers and pay
the price of admission, but should
have nothing to say as to the contest
which is waged in the arena by the
professional politicians. Apparently
Mr.. Campbell ignores the fact that
the American people are not mere on
lockers at game, that they have
vital stake in the contest, and that
democracy means nothing unless they
are able and willing to show that
they are their own masters.
Constitution a Strait Jacket"
II repeat that many honorable and
well meaning men OF high character
take this view, and have taken it from
the time of the formation of the ma
ton. Essentially this view Is that the
Constitution is a strait jacket, to be
used for the control of an unruly patient
the people. Now l hold that this view
Is not only false but mischievous; that
our Constitutions are instruments de-
signed to secure iuStiCp nv recurring tho