The Washington times., 1921-09-18

the answer to which must be made
in no uncertain tones.
Nearly fifty years ago one Of the
most eminent of American jurists.
Judge Cooley. disposed Of such a law
In this apt language:
THE State may mold local insti-
tutions according to Its Views Of pol
icy or expediency; but local govern.
ment Is a matter Of absolute right.
and the State cannot take II away.
1t would be the boldest mockery to
speak Of a city as possessing munic-
ipal liberty where the State not only
shaped its government. but at dis
erection sent in its own agents to
administer 1t; or to call that system
one Of constitutional freedom under
which II should be equally admis-
sible to allow the people full control
in their local affairs or no control
at all"
FEAR OUTRAGED PUBLIC.
No longer novel or original Is the
course followed by exploiting power
or wealth. When a bill like the
Traction Law appears in a subserv-
lent legislature. the cunning mCn
behind II know they must not be
content with the easy victory before
the peoples representatives. but they
must look to the future to prevent
any overthrow of their will by an
indignant and outraged public.
To them representative govern
ment uhat is. where they control
the representatives, Is not a mere
fetish, a shibboleth to conjure with.
but d palpitating necessity Of their
profit. They and their allies of the
press frown upon popular express
sion, no words can adequately ex-
press their contempt for the idea that
the people should pass upon what
most intimately concerns them.
Reaction depriving the people OF
what Is theirs requires reaction pre-
Guiding tho possibility OF the people
righting the wrong.
When II was certain the Traction
Bill would pass, II was prophesied
by the experienced that this sort OF
spoilation would be followed by the
endeavor to curtail the political
rights Of the people. and the events
Immediately following the passage OF
the bill Justified the prediction. No
sooner had the act been put through
than an attack was made upon the
direct primary. While in all it's
phases the direct primary was not
destroyed, 1t was limited in its scope
and rendered much less efficacious.
The old stock arguments. which have
been so often disproved. were utilized
to the full in the very short period
OF discussion.
The direct primary. OF course. has
it's faults, but. after all. II Is democ-
~ UaNn
faults OF another character. much
more menacing to our institutions.
Whatever may be the ills resulting
from direct nominations. they rep
resent the will OF the electorate.
And, under our system. the people
have the right to decide their own
fate politically-the right not only
to elections, but the right in nomina-
lions, too.
Johnson's Remedy.
And just a word may be permitted
concerning such laws as the trac-
ton law, and that impairing the
direct primary. There Is 'nly one
way in which the people may be
protected from them. In the hot en-
thusiasm OF personal candidates. II
Is difficult at times to separate
issues. Upon mere personalities may
turn the event, and because personal
passions and prejudices may have
their part in elections. often momen.
tous questions affecting the people
may be undecided or forgotten.
The disinterested should seek
some remedy against Ubiquitous ex-
plotting laws and those which de-
prive voters OF their political rights.
lo IU q N affarfiVQ
remedy. 1t is the initiative and ref
erendum. II New York State had
the initiative and referendum. no
public official would dare espouse.
no legislature would dare pass such
a traction law; and II a legislature
were so far recalCitrant, under
referendum. the remedy would be
speedy and certain.
The objection to the initiative and
referendum and substantially the OBJ
jections to direct nominations. The
people haven't sense enough, 1t Is
insisted, to pass upon laws most
intimately concerning them. The
Assemblyman from the most remote
county in the State of New York,
and the Senator from the least pop
ulous district, neither of which may
be within shotgun distance OF
trolley line. may intelligently pass
upon the street railway problems OF
New York City. but. according to
the distinguished gentlemen who ar
rogate to themselves the right to
govern the rest of us, the people OF
New York City are utterly devoid
Of the business acumen. or the in
telligent discrimination with which
the country legislator Is so richly
endowed.