The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-16

another minute Of applause and laughter.
VIZ. Tafts Address.
Mr. Taft spoke on THE Supreme Court
OF the United states and Popular Self
Government" HIS address follows in
part:
''There are political leaders and writer's.
students OF sociology and sociological
Jurisprudence who urge changes in our
fundamental law which shall qualify
existing personal and property rights and
Increase to "A proportionate extent govern
mental power over the Individual. They
claim TO find. as lion in their path the
Constitution OF the United States and the
tribunal created by that Constitution to
interpret and enforce II.
''rhey say that these are inconslsten nj
with q properly useful popular govern
ment. The court Is said to exercise ir-
responsible power and the judges TO as
sert a divine right to defeat the will OF
the people when Inconsistent with their
economic or political views. These
critics are not Satisfied with the oppor-
tunity for amendment afforded by the
Constitution. II is thought to be too slow
and requires the persistent assent OF toe
many OF the people.
''The remarkable remedy has. therefore
been evolved and seriously urged OF the
recall OF judicial decisions Indeed In
reference to State matters in one State
Colorado--the remedy has been actually
adopted. The proposal is that the judg-
ment OF the Supreme Court in constituting
and enforcing the Constitution may be
subject TO reversal by a plurality vote OF
the electorate at any biennial election. Tn,
argument In Its support Ia that the Consti-
turion and the Supreme Court with II.
present power are inconsistent with tn,
rule OF the people.
'"The Bible says that no that ruleth his
spirit is better than he that iaketh q
city and this is true OF Il people Tn,
measure of their self-governing capacity
IL their self-restraint in dealing with thos,
OF their number whose viii ,s different
from the will of the controlling majority
Moderation Necessary.
"Now, II II be true that the time has
come to make changes IN our Constitution
by qualifying our present personal ant
property rights and by Increasing to q
proportionate extent governmental powe
over the individual. moderation In the ex
tent Of such changes and deliberate fair
ness In the method of making them will
be necessary to continue the peaceful anc
enduring character of the Government
and the acquiescence OF the. minority whC
do not concur IN the wisdom OF what, II
done, and whose rights and liberties arr
10 be curtailed.
But Il IN said that amendment OF tn,
Federal Constitution is very difficult.
requires two-thrds vote In each hous,
OF Congress and ratification by the Legis
iatures OF three fourths OF the States.
1--WE have had seventeen amendments II
1875 years, two Of them Within the las
three years. Pending the issues o( Stat
rights and OF slavery. when the differ
ences were sectional amendments relat
ing to them could be defeated easil!
through the rejection of them by but on
more than one-fourth in number OF tn
States.
"The subject matter OF amendment
hereafter proposed. however. is likely 4
affect classes In each community and II
each State, so that where a proposed
majority OF all the people are In favor o
such an amendment, they will be dis
tributed through all the states. This vii
make amendments easier.
THE recent amendments as to the selec
tion Of Senators and the income tax af
fected all the states In the same way. S,
will any constitutional qualification OF tn
right OF property, or OF the right OF per
=onal liberty.
Equal Application.
The argument In favor OF delIberatio