Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-15
Defends the Supreme Courts
Power and Attacks Proposed
Recall of Decisions.
SPEAKS TO GRADUATES
AT HARVARD UNIVERSITY
Day Devoted to Exercises Of the Phi
Beta Kappa-scholarship
Men Foremost.

CAMBRIDGE, Mass, June 15.-Grad-
yates who. in their college days, won
distinction for scholarship claimed today
as their own in Harvard's commence
ment week, the day being devoted par
ticularly to the business and literary ex-
ercises Of the Phi Beta Kappa. Former
President Taft was the orator Of the oc-
casion, his subject being 1.-THE Supreme
Court of the United States and Popular
Self-Government." The poet was Bliss
Carman of New Canaan. Conn.
The unabridged exercise of the limita-
tions upon hasty action of a majority OF
the electorate. now interposed by the
vested prerogative of the Supreme Court
of the United States and by the ma
chinery for amending the Constitution,
was defended by former President Taft
Mr.. Taft's defense of these limitations
had immediate reference to changes urged
by certain political leaders to qualify ex-
isting personal and property rights and
increase government control over the IN
dividual. He attacked the recall OF judi
cial decisions and the proposal that the
judgment of the Supreme Court IN con-
strung and enforcing the Constitution
may be subject to a reversal by plu-
rality vote at any biennial election.
In Accord With Popular Rule.
Basing his argument that the constitu-
tional and judiciary distractions to i'm
pulsive action at the polls were not incon-
sistent with popular government, upon
English governmental development, Mr..
Taft said:
THE enduring character Of the English
government and of the governments that
have been derived from It, like our own,
is to be traced in this training of the
minority to be good losers: But the quail
ity of being good losers will not persist In
minorities unless majorities exercise their
power with fairness"
Consideration for the rights of property
holders was urged by Mr.. Taft, who said
that they may not always be non-reststent
and always in favor Of law and order, as
IL their right Of property is seriously I'M
paired they may change their con-
servatism to the rebellious spirit, like
Ulster.
Speaking of the militant sunragettes las
an illustration OF the tendency he de-
scribed, he saids
They use force. and with modern ex-
plosives and the freedom of modern life
they are able to do public and private
damage utterly out Of proportion to their
numerical strength"
Attacks Trade Unions.
III InlS COUlSCIsOu MI L dIl dltdChtu lA6
trades unions for their championing of
the Clayton bill pending before Congress
exempting them from the operation of the
Sherman antitrust law. and for their sup
port Of the strikers in Colorado.
I'VE flnd.' he said. many labor or
ganizations insisting that the army of
the courts be weakened SO that lawless
violence on their part may be an ef-
fective instrumentality to gain their in
dustrial ends Indeed. we find actual re-
bellion against state authority maintained
by certain trades unions and supported
by contributions openly solicited from
their sympathizers the country over"
Mr.. Taft met the raised objection to the
machinery for amendment of the federal
Constitution as very difficult by saying
that amendments which do not arouse sec
tional differences cannot easily be de-
feated.
Need Tor Court Grows.
The superiority of procedure of con-
struction of the country's laws with the
help of the Supreme Court rather than at
biennial election was urged by the
speaker, and the need for some such tri-
bunal grew greater. not less. he said, In
the developing of society in its modern
form.
Attacks on the Supreme Court have
been made often before, said Mr Taft.
when there was a forceful man in poliu-
cal leadership who commanded an ear
nest, enthusiastic following and denounc-
ed obstructions to the peoples will.
I'm a transition period" he concluded
I'VE need the Supreme Court not to pre-
vent reform by the exercise Of popular
will, but to prevent change by popular
will