The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-22
THE RECALL OF DECISIONS.

usual fOrceful and pointed manner MT
| Hubbard discusses the proposition fol
| the recall of judicial decision. So fan
Mr.. Roosevelt has said that he would
only apply this plan to decisions OF
state supreme courts which declare
| legislative acts to be unconstitutional
But it is the opinion of many that this
is only a steppingstone in the program
| of the colonel to apply the same plan
to decisions of the federal supreme
court. Mr.. Hubbard argues from that
standpoint, but every point he makes
is equally applicable to the recall OF
the decisions of state supreme courts
What he has to say on this subject
follows:
The recall of incompetent public
servants is no new thing.
But the recall of judicial decisions
by the people is a brand new PROPOSE
ton in civilization.
1t takes US back to the days of Pom
thus PLATE when he washed his hands
in innocency. allowed the mob to have
it's way, and gave them their Barab-
bas.
Constitutions have one purpose, and
that is stability.
Civilized men have decided that there
must be an end of quarrels somewhere,
and the American constitution so pro-
vides. George washington said it's
purpose was to prevent civil war.
The business of the courts is to up
hold the constitution.
The proposition of Theodore Roose-
welt that the people have the power to
overrule the constitution and the
courts is distinctly in the line of revo-
luton and anarchy.
In sober moments, after calm con-
sideration, the people decided to make
the supreme court of the United
states a court of last appeal There
the argument should end
The people shall have the right to
recall and override a decision. If the
court decides against you, call out the
boys and shoot up the court!
By the Rooseveltian method, dis
putes would have no end. Litigation
would lead to endless feud.
That the people are right when not
swayed by passion and melted by hate
and prejudice, we all admit.
Our government had it's rise in the
proposition that the people shall
choose their rulers. That is to say,
Our government has its basis in the
of the governed.
According to the plan suggested by
Theodore Roosevelt, the people would
no longer be supreme
If they had the right to override the
United States supreme court, this
would only be done when under stress
Of great excitement, when reason was
1ethroned and the hoarse roar of the
mob heard in the land.
Popular verdicts are, in great de- |
gree, brought about by the demagogue
by boomerangs, fragrant untruths, |
wing innuendoes, hate and prejudice
Recognizing this fact. we devised the
and selected the judges
Who are sworn to uphold this consti-
luton, and not the Passionate mob.
This plan has but one purpose and
hat is to prevent the rule of the I'M
it. We want no War Of the Roses.
When hate, prejudice and fear COM
oine to sweep the land like tornado,
10 recall of a decision would be pos
dble on the part of the people unless
ed by a demagogue.
Every mob has its leader.
So, really, what Theodore ROOSEVELT
uggests is to replace the supreme
:ourt of the United States by the I'M
,ficial, irresponsible leader of the
mob.
Theodore Roosevelt himself would
question and has questioned court de-
isions, denouncing them as "miscar-
iages of Justice And thus, If he
lad had the power, he would have
made himself the practical chief JUS
ice of the United States and called
m the Rough Riders for support.
his means South American revolu-
ion, and puts US where Mexico now
lands.
In order that the people may con-
inue their peaceful vocations of pro-
uction, transportation and distribu-
ion, we have agreed on a method of
ettling our disputes.
This plan has worked to the ad-
antage and benefit of the nation for
yer a hundred years, and under this
uIe has the United States grown into
Ter present proud place among the ma
ions of the world.
Now Mr. Roosevelt wants this pol
~ all changed. His desire is to make
possible for the people to interest
themselves directly and override the
will of their elected judges. This
would. under certain conditions, lead
traight to revolution, dissension and
disturbance that would destroy and
issolve the United States of America
S q people.
For the quiet, calm, uninflamed, jul
iciaI mind Mr.. Roosevelt prefers the
1atant ballyhoo and the irrepressible
ction of the many-headed, led by the
responsible.
In case of a recall of a decision it
3 quite probable that the many con-
inuing their tasks. each with his self
.ppointed work to do, would leave the
question to the mob. We would then