Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-12-14


whereby they may prevent misrepresen-
tation at the hands of those who are
chosen to speak for them. They not only
enable the people to guard themselves
against the embezZlement Of power. but.
by rendering valueless the work OF the
'obbyist. remove to large extent the
temptations which turn representatives
rom the path of duty.
As the initiative can be used TO secure
,hanges in the constitution, as well as
changes in the statute. ii has the ad
vantage of making the constitution more
easily amendable in states where IL is
adopted.
The executive department which under
the earlier forms of government was the
most powerful. Is being more and more
restrained by limitations. The veto power.
which was at first final. is now only
partial-preyenting the proposed legisla-
ton only under certain conditions. In
most of our states the legislature can by
A two-third vote override the veto: in
some cases the veto only compels a
consideration, the legislature being able
to override the veto by a majority, If I'm
spite of veto il desires to do So
All of these constitutional limitations
upon The various branches of government
point in the same direction. namely, To
an increase in the power of the people.
who are more and more regarded as the
source of authority.
The judicial branch of the government
is as a rule the least democratic. in that
It is farthest removed from direct con-
troll. Some of our judges are appointed
for life: others are elected for Ions
terms the object being to give independ-
pnce of action. Ii must not be overlooked
however that Independence is only one of
the clements to be considered. and II Is
still questionable whether any scheme de-
vised for the separation of the public
servant from the people whom he serves
does not create more faults than 1T cures.
The assumption that a judge elected by
the people and subject to retirement by
them will be swerved from his duty by
public opinion is a reflection upon the
character of the judge. If a judge meas
ures up to the requirements of his high
position he will not be driven from the
performance of his duty by fear OF de-
feat for reelection, for he will prefer
the consciousness of duty done to any
CONDENSATION that reelection could be-
stow If however. the judge has the
faith that he ought to have in the sense
of justice to be found In the human
heart he will not be afraid to allow the
public to sit in judgment upon his con
duct. Respect for the bench will not bt
increased by distrust CT the public on
the part of those who, while anxious Y
remove judges from contact with tn
populace, are quite willing to SURROUND
them with a social environment which 4
more destructive of independence thar
any popular election can be.
The bias OF the judge IS an elelHen
that cannot be ignored The judge ma,
be unconscious of the bias. and, If SO. the
bias is only the more dangerous, because
he cannot fortify himself against it The
most fundamental bias is as in othel
things affecting government, the bias fol
or against the mass of the people. The
Judge who views society an organiza
ton in which the masses are dependent
upon the classes for their prosperity AND
progress, is apt to lean toward those who
financially influential in society
whereas the judge whose sympathles arr
with the struggling masses Just AS nat
uraIly looks at legal controversies from
their point of view. A Judge withou
bias would be perfect. but he IS an I'M
possibility. Zach voter is likely to ex
press his preference in the matter O
judres according TO his own classification
of himself. If he Is aristocratic. he vii
want an aristocTat for judge; If he L
democratic, he VIII want judge Wht
sympathizes with the common people.
Two of the most far-reaching sub
iects with which a government can have
to deal are taxation and money Taxa
ton is always under consideration In
every unit of the government from the
city to the nation. There is no mex
haustible fund from which the govern
ment can draw for the payment of those
who administer it. 1t is necessary tina
the collection of taxes. There are TIVE
general forms of taxation, the direct AM
the indirect. The direct form Is mucl
more easily scrutinized than the indirec
and therefore inequality and injustice ar
less apt to creep into it, although even II
direct taxation great care must De takeI
that the law should be based upon sount
doctrines and administered with impair
TALLY.
In indirect taxation the amount is con
cealed and this system has been defended
on the ground that by means of it thu
government can get the most feather:
off the goose with the least squawking.
1t seems such a reflection, however upor
any people to say either that they ar
unwilling To pay the taxes necessary fol
the proper admin iSuIe ton Of government
or that they enjoy the burglariZing o.
their pockets, that the advancement o.
the people may, in d degree, be meas
ured by the preference which they show
for the direct form of taxation in Thu
country.
If we can accept it as a just rule o.
taxation that each citizen should con
tribute to the support of his government
in proportion to the benefits which h'
enjoys through the protection of his gov
erilrnent ii will be conceded that make
a nearer approach 10 justice in our loca
taxation than in the collection of ouI
federal revenues. AS taxes on consump
ton are collected more nearly in proper
ton to mems needs than i'll proportion