The Omaha morning bee., 1924-10-18
Defended in
HughesTalk
Secretary of State Urges Re-
tcntion of Original Consti-
tutional Balances in
Government.
Election System Wrong

Albany, \. Y, Oct. 17.-Secretary
of State Hughes. delivering at a con-
vocation of the university of the
state of New York an address which
he introduced as non-political, spoke
tonight in favor of retaining the
original constitution balances estab-
lished between the supreme court and
congress and between the president
and congress.
The constitution of the United
States is not a fetish" he said I'm
partial consideration of existing con
ditions should either heighten our re-
spect for the institutions which
proved themselves to be adaptable to
unforeseen and unima ginable condi-
tons should aid us in securing ad-
visable notifications. Mere panegy-
ric or mere impatience with whatever
exists are of little value
He said the charge of usurpation of
power made against the supreme
court has been in the Judgment of
most persons competent to judge, dis
proved" 1t was not a question
whether the United States subscribed
to the doctrine of judicial review, for
the constitution provided that. The
question, said Hughes, was whether
the nation should abandon that doc
trine.
Election Is Wrong.
Where could the authority to
pass upon the constitutional limita-
tions be lodged?" he asked. mot
with the executive, for that would be
to make him supreme over congress.
Not with the congress, for that would
enable congress to escape all the linn
itations of its powers and would
make 1t supreme over the states. Not
with the states. for that would Ell
able the states to override all federal
authority.
Either we must abandon the prin-
ciple of duality or maintain the juris.
diction OF the supreme court of the
United States to pass with finality
upon the constitutional validity of
legislative acts"
The secretary OF state declared it
was quite clear that the present ar
rangement," for the election of presi-
dent should be revised In partic-
ular, the provision for election by the
house of representatives in case no
candidate receives a ma jority of cleo
toral votes lis seriously defective"
He also considered deserving of
serious consideration" whether the
term of the presidency should not be
extended to six years with noneligi-
bility for election to asecond consecu-
tive term. He compared the presi-
Dental system, characterized by his
torians as built for safety. not
speed" with the prime minister par
system affording swift
ness in decision and vigor in action"
He concluded that the American
style was most stable and therefore
most desirabla
Much Time Wasted.
There Is, however, the possibility
of Improvement without weakening
the executive and the congress"
Hughes continued. ut ought to be
possible for cabinet officers 10 take
part in the debates upon matters
touching their departments and thus
to be able to give exact information
and TO defend themselves against un-
just attacks. A vast amount of time
is now being. wasted in the congress
over things that are not and never
were"
Referring TO criticisms OF the pres
ent syste moi treaty making, with
the senate empowered to pass on the
work of the president. Hughes said:
1T is easy to make objections to the
present arrangement but 1t would be
difficult TO devise a better one. 1t
should be remembered that very few
treaties have failed OF approval In
the senate. In the last 315 years this
government has concluded 54 trea-
ties which were required to be sub
mitted TO the senate. OF these. SO
have been sent to the senate and AZ
already have been approved -