The daily star-mirror. (Moscow, Idaho) 1911-1939, 1920-11-16

much of harm as those who oppose
the principles feel that there may be
for the reason that have confidence
in the rank and file of American peo-
pie. believe that on the whole, they
are practical and that if there is a
poison within the words, initiative
and referendum there too is within
the proposition the antidote for the
poison and / believe that any over
ambitious exercise of the privileges
granted by the initiative and refer
endum would work Immediately its
own cure through the evil effects that
would result and the people again
would swing back to the orderly pro-
cess of legislation through commit
tees, which if you please are the or
derly established legislative bodies of
states and nation.
In Court Decisions
A little while ago, I discussed the
tendency touching the selection of the
personnel of the courts and / refer
red to the question, also, of the recall
of judges. Let me now/fefer briefly
to another tendency-in the minds at
least Of some who consider govern
ment from an academic standpoint I
refer to the recall of judicial de-
cisions.
Very frankly, am amazed that this
principle should have appealed to the
men and women who during the last
several years have urged it upon the
country | cannot follow those who
support the proposition at all, and to
my mind, it is so prepostrous that it
seems it should find Judgement in the
mind of no one, who will give the
question the dutiful consideration. If
I did not back up that statement by
something of a basis for having made
it, it would clearly stand out as the
comment of bigot
If we lived in country such as
Great Britain where the constitution
is unwritten, where it is, you might
say, the crystallized public opinion
formed during many years. or even
centuries, and modified from time to
time as conditions demand, I could
think then of the recall of judicial de-
cisions with at least something of a
recognition that after all it was a
mere method of modifying the consti-
tuition. But we cannot argue upon |
any such basis as that in a country I
where our constitution is written, |
where our organic law is defined in |
specific terms, and where definite |
ways are provided for amendment of |
that law.
Take, for instance, the question of !
taxation by the federal government.
The Constitution Of the United States
provides that direct taxes shall be
levied only upon the basis of popu-
atiOn. Suppose that Congress should
pass a law providing that every state
n the union should contribute in di-
'ect taxes one million dollars. That
proposition is broad and simple.
There is no one who fails to recog-
lize that it violates the constitution
u guarantee of apportioning direct
axes on the basis Of population; for
lnder the proposed suggestion that
have made, the state with least pop
llation in the union would be asked
o pay dollar for dollar as much as
would be asked of the largest sister
tate. Suppose that someone should
hallenge the constitutionaIity of the
MEASURE and carry the question to the
supreme Court of the United States.
there can be no doubt that the Su-
IRENE Court would say that the meas
ire must fall; that It is unconstitu-
ional Suppose then that a recall
hould be instituted of the judicial
ecision. What does the recall mean?
means that the question of judicial
ecision, after certain preliminary
teps shall have been taken to infti-
tie the recall, would be referred to
he people of the United States for
heir approval or rejection. Let us
oppose then that the people by their <
otes should reverse the decision Of
he Supreme Court. Their action
7ould revive the law that the Con- t
ress had passed. The small states
yould be placed at the mercy of states
With tremendous populations; they {
ould readily be out-voted and the .
guarantee in favor Of
he small states would be violated.
'et under the principle of the recall
f judicial decisions the very thing ),
hat I have suggested could be at
aimed What then would we think
our constitution? The Constitution
rovides that direct taxes shall be
svied upon the basis of population,