Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-05-18
Mr.. Marshall and Our
Constitution

The last address Of Vice President
Thomas R. Marshall and his deliberative
interview deserves and will have wide crit
ical attention. They construe the rela-
tive governmental rights and duties I'M
der our constitution. Marshall insists on
the interpretations given by our fathers.
His ideas have not been discussed lately
and appear new and original.
But they are fully discussed in De
TochvilIe's Democracy of America" by
Story, in his History Of the Constitu-
tion," by Froede and Green in their his
tory of England, by. Drapier in his Rise
and Fall of Civilization" and not long
ago by ex-President Roosevelt in his
address in Ohio. on THE Proper Power
Of the People; Its Safety"
This Is positively government by
the people, for the people. In practice it
is a representative government only,
because it is impossible to assemble all
the people at once place at the same
time
Our people who framed the constitution
our fathers-were afraid of any govern
ment, being irritated by their past ex
perience in having their individual rights
and privileges interfered with by the
powers that be- They refused to ratify
were made protecting their religions, free
speech, free press and their rights "to
assemble and to petition the govern
ment." Our people did so assemble and
petition our government on the subject
of suffrage and the use of intoxicating
liquors. Their prayer was heard ana
granted.
l understand our most worthy vice
president to believe and to assert that
the individual members of congress were
by conscientious convictions opposed TO
this prayer, but granted it only because
the people wanted It; that they should
not have done it. for that reason; that
the spirit and essence OF our government
is, that they should have acted on their
individual convictions uncontrolled by
the people. This reaches and effects the
foundations of our government.
Perhaps he is right, that the true pol
icy is, that the people express their de-
sires and leave the final decision TO their
representatives in congress-, that the peo-
pie can not trust themselves when 1t
comes ito signing the document"
The story, as told in history, Is that
no great moral economical, political re-
form Is attained through or by the rul-
ing powers alone. II is always by the
force of the masses, vigorously demanded
and made manifest, even to the point OF
violence.
believe this was discussed by the
three wise men in Ben Hur" gathered
from divers parts OF the earth. They
agreed that all effective reforms began
in the highway and hedges, because the
upper classes, with no grievances, were
so contented they could see no need OF
reform. Il seems to be safer to listen
and grant such manifest desires of the
people, or reforms may come by revolu-
ton and blood.
Mr. Marshall uses the relationship of
attorney and client as an Illustration Of
the relationship OF the representative and
the people. Advice should not come from
the client to the lawyer II the
client doesn't like the advice. he can get
another lawyer.
This may be true. But what Is the
duty Of the lawyer7 II they do not
agree, the lawyer must either refuse the
employment, withdraw from the case,
or faithfully carry out the purposes Of
his client.
The client knows what be wants. lie
is ignorant as to methods, means and
remedy. He furnishes the money and the
desires. The lawyer furnishes the meth
cd and remedy It IS the duty OF the
lawyer to do so as long as such rela-
tionship continues
IL God repenteth Himself for having
made man, on account OF his perverse-
ness" according to sacred writ, Mr. Mar
shalls views may be proper.
WARWICK II. RIPLEY.