TAG II 0
niK omzKN, pkidav, vnn. ai, 1012.
A CHARTER ut:
EOGHAG
Roosevelt's Address Before tfo
OliioGonslifL'lio.ialConyaiiiiji,
FAVORS RECALL OF JUD
Control of Trusts Should Be Adminis
trative and Not Judicial Lincoln
Pointed the Way Wc Must Fol.ow.
Approves Initiative and Referendum,
Direct Nominations and Fa-ulsr
lT;ction of Senators.
Jlr. President and Members of .,
Ohio Constitutional Convention:
1 am profoundly sensible of the lion
or you have done mo In asking me t
address you. You are encaged in the
fundamental work of self government.
You are engaged In framing n coi
tution under and In accordance wi.'.i
which the people are to get and to !
Justlco and absolutely to rule tiseui
aelves. No representative bod" an
iarc a higher task. To carry It throue''
iiueccssfully there Is need to rotu'iin"
practical common sense of the wi
hard headed kind with a spirit of lofij
Idealism.
I believe In pure democracy. W ith
Lincoln I hold that "this country, wit!.
Its institutions, belongs to the pioplo
who Inhabit it. Whenever they sLa'.!
jjrovr weary of the existing govern
nient they can exercise their constitu
tional right of amending it." Wc pro
STcssives believe that the people havp
the right, the power and the duty t.
protect themselves and their own we'
fare; that human rights are supremo
ver all other rights; that woa'th
should be the servant, not the master,
f the people. We believe that utile"
representative government does abso
lutely represent the people it Is net
representative government nt all. We
test the worth of all men and all mer
nres by asking how they contribufe to
the welfare of the men, women nr.r
children of whom this nation Is roT'
posed. We are engaged In one of tl r
great battles of the age long rontc
waged against privilege on behalf of
the common welfare. We hold It p
prime duty of the people to free nv.r
government from the control of mono
In politics.
This country, as Lincoln said, !"
longs to the people. So do the natu-:l
resources which make It rich. The
supply the basis of our prosperity nov
and hereafter. In preserving tlu'iti
which is a national duty, we must n
forget that monopoly Is based on l!v
ontrol of natural resources and tut-
oral advantages and that It will li"': ;
the people little to conserve our r.a'-i
ral wealth unless the benefits which
It can yield are secured to the pe.i'"
Let us remember also that eonrc-.r ;
tlon does not stop with the natural r !
sources, but that the principle of m:,!:
Ing the best use of nil we have r.
ulres with equal or greater lnsIsti-.K.- i
that we shall stop the waste of humai, j
Bfe In Industry and prevent the wast- ,
f human welfare which flows fron j
the unfair use of concentrated pow
and wealth In the hands of men who i.
ongerness for profit blinds them to 1 1 1. - 1
ost of what they do. We have r
higher duty than to promote the efli
dcucy of the Individual. There Is tu
surer road to the efficiency of the na- .
Hon. !
Power Is the People's. '
I am emphatically a believer In on i
titutionallsm, and because of this far
I no less emphatically protest aga... .
any theory that would make of th
constitution a means of thwarting in
stead of securing the nbsoluto right of
the people to rule themselves and t'
provide - their own social and v
iustrlal . .1 being. All constltutio'i
those :f the states no less thun th.'
l the nation, are designed and r.: .
be interpreted and administered so
to f!l human rights. Lincoln so
tcr,f ' and admlu stored the ua
tlonal constitution. Buchanan n'
tempted the reverse, attempted to fl.
human rights to and limit them h
the coustltution. It was Buelutn : ,
who treated tho courts as n fc Mi
who protested ngalnt and condemned
nil criticism of the Judges for unju'i
and unrighteous decisions and upheld
the constitution ns nn Instrument for
t'ie protection of privilege and of vest
ed wrong. It was Lincoln who an
ps&Icd to the people ngalnst the Jmljrf"
when the Judges went wrong, who ad
vocated and secured what was p"ae
tlnlly tho recall of the Dred Scott d.
clslon and who treated the constitu
tion as n Hvinj force 'for rlghteori
ness. We stand for applying the con
stitution to the Issues of todav ns Lln
o!n nprlled It to the issues of hlsdav.
Llncolu, mind you, and not Buchanan,
was tho real upholder and preserve"
of the constitution, for tho true pro
gressive, the progressive of tho Lin
coln stamp, Is the only true constitu
tionalist, the only real conservative.
If the const)' utlon Is successfully In
voked to nullify tho effort to remcdv
Injustice It Is proof positive cither that
tho constitution needs Immedla'e
amendment or else that It is beln"
wrongfully and Improperly construed
I therefore very earnestly nslc yon
elenrly to provldo In this constitution
means which will enable tho people
readily to nmend It If at any polut It
works Injustice and nlso means which
will permit tho peoplo themselves by
popular vote, after due deliberation
and discussion, but finally and with
out appeal, to settle what tho proper
construction of any constitutional
point Is, It Is often cald that ours Is
n government of checks and balances
Ilit thlfl should only moan that these
checks and balances obtain as ntuong
tho several different kinds of rcpro
icntntlvefl of tho people Judicial, ex
ecutive and legislative to whom the
pcoplo have delegated certain portions
of their power. It docs not mean that
the people have parted wl:h their pow
er or cannot resume It. The "division
of powers" Is merely the division
among the representatives of the pow
ers delegated to them. Tho term
must not be held to mean that tho
people have divided their power wllh
their delegates. Tho power Is the peo
ple's and only the peoplo's.
Make Popular Rul effective.
I hold It to bo the duty of every
public servant and of every man who
In public or In private life holds a posi
tion of leadership In thought or action
to endeavor honestly and fearlessly to
guide his follow countrymen to right
decisions, but I emphatically dissent
from the view that It is cither wise or
necessary to try to devise methods
which under the constitution will auto
matically provent tho people from de
ciding for themselves what govern
mental action they deem Just and prop,
or. It Is Impossible to invent constitu
tional devices which will prevent the
popular will from being effective for
wrong without nlso preventing It from
being effective for right. The only safe
course to follow In this great American
democracy Is to provide for making the
popular Judgment really effective.
Lincoln, with his clear vision, his In
grained sense of Justice nnd his spirit
of kindly friendliness to nil, forecast
our present struggle and saw tho way
out. What he said should bo pondered
by capitalist and workingman alike.
Uc spoke ns follows (I condense):
I hold that while man exists it Is his
duty to lmprovo not only his condition,
but to assist In ameliorating mankind.
Ijtbor Is prior to and Independent of cap
Hal. Labor Is the superior of capital nnd
deserves much the higher consideration.
Capital has Its rlcht3, which are as worthy
of protection ns any other rights. Nor
should this lead to a war upon property.
Property Is the fruit of labor. Property
Is desirable, Is a positive good In the
world. Let not him who Is houseless pull
down the house of another, but let him
work diligently and build one for himself,
thus by example assuring that his own
shall be safe from violence when built.
This last sentenco characteristically
shows Lincoln's homely, kindly com
mon sense. Ills is the attitude that wo
ought to take. He showed the proper
sense of proportion in his relative esti
mates of capital and labor, of human
rights and the rights of wealth.
Prosperity Must Bo Distributed.
Tho ends of good government in our
democracy are to secure by genulue
popular rule n high average of moral
and material well being among our
citizens. It has been well said that In
th past we have paid attention only
to tho accumulation of prosperity, and
that from henceforth we must pay
equal attention to the proper distribu
tion of prosperity. ThU is true. Tho
only prosperity worth having is that
which affects the mass of tho people.
We are bound to strive for the fair dis
tribution of prosperity. But It be
hooves us to remember that there is no
use Ju devising methods for the proper
distribution of prosperity unless the
prosperity is thero to distribute. I hold
it to bo our duty to see that tho wage
worker, the small producer, tho ordi
nary consumer, shall get their fair
shnro of the benefit of business pros
perity. But it either is or ought to be
evident to every one that business has
to prosper before anybody can get any
benefit from it. Therefore I hold that
he is the real progressive, that he is
the genuine champion of tho people,
who endeavors to shape the policy alike
of the nation and of tho several states
so as to encourage legitimate honest
business at tho same time that he wars
against all crookedness and injustice
nnd unfairness nnd tyranny in the busi
ness world, for of course we can only
get business put on a basis of perma
nent prosperity when tho element of in
justice is taken out of it. This is the
reason why I have for so many years
insisted as regards our national gov
ernment that it is both futile and mis
chievous to endeavor to correct the
evils of big business by an attempt to
restore business conditions as they
wero lu the middle of tho last century,
before railways nnd telegraphs had ren
dered larger business organization both
Inevitable nnd desirable.
The effort to restore such conditions
and to trust for Justlco solely to such
proposed restoration is as foolish ns If
we should attempt to urm our troop.s
with tho flintlocks of Washington's
Continentals lnslead of wit- modem
weapons of precision. Flintlock legis
lation of the kind that seeks to pro
hibit all combinations, good or bad, is
bound to fail, nnd the effort,, in so fur
as It nccompl hes anything at all,
merely means that some of the worst
combinations are not checked nnd that
honest business is checked. What Is
needed Is, first, the recognition that
modern business conditions have come
to stay, In so fur at least as these con
ditions mean that business must bo
tlono in larger units, and then the cool
headed nnd resolute determination to
Introduce nn effcctlvo method of reg
ulating big corporations so ns to help
legitimate business its nn incident to
thoroughly and completely safeguard
ing the interest of the people nn n
whole. Wo aro n business people. The
tillers of tho soil, the wnpeworkers.
tho business men these are tho three
big nnd vitally Important divisions of
our population. The welfare of each
division 13 vitally ncessary to the wel
fare of the people ns a whole. The
Treat mass of business is, of coure,
done by men whoso business is either
small or of moderate size.
Should De Fixed Policy.
Tie average business man of this
typo is, ns n rule, n leading citizen of
his community, fnrmost In oven-thinn-
that tolls for lta betterment, n man
whom his neighbors look up to nnd re
spect, lip Is In no sense dtinsrerous L
his community Just becau.-,o he Is an ln
tegrnl pari of hVt communlly.boiio of ltn
bono nnd flesh of lis flesh. Ills life fibers
are Intertwined with the life llborn of
his fellow citizens. Yet nowadays ninny
men of this kind when they come to
make necessary trade ogre vnis with
one nnothcr find themselves In dangei
of becoming unwitting trnnsgressoin
of the law and tiro nt a loss to knov
whnt tho law forbids and what It per
mlts. This Is nil wrong. There should
bo n fixed governmental policy, n policy
which Bhall clearly define nnd punish
wrongdoing nnd shall glvo In ndvnnce
full Information to any man ns to Jus.
what he can and Just whnt he cannot
legally and properly do. It Is absurd
nnd wicked to treat the deliberate law
breaker ns on an exact par with the
man eager to obey the law, whoso otilj
desire Is to find out from some co' "
tent governmental authority whai :N
law Is nnd then live up to It. It Is !tli
surd to endeavor to regulate buslvr ;
In tho Interest of tho public by me: n.
of long drawn lawsuits without nnv
accompaniment of administrative con
trol and regulation nnd without auj
attempt to discriminate between the
honest man who has succeeded In busl
ness because of rendering n service to
tho public nnd the dishonest man who
has succeeded in business by cheating
the public.
So much for tho small business man
nnd the middle sized business man.
.Vow for big business. It Is imperative
to exercise over big business n control
nnd supervision which are unnecessary
ns regards small business. All busi
ness must bo conducted under the law,
and all business men, big or little, must
act justly. But u wicked big interest
Is necessarily more dangerous to the
community than a wicked little Inter
est. "Big business" In tho past has
been responsible for much of the spe
cial privilege which must be unspar
ingly cut out of our national life. I
do not believe in making mere size of
and by itself criminal. Tho mere fact
of size, however, does unquestionably
carry the potentiality of such grave
wrongdoing that thero should be by
luw provision made for the strict super
vision and regulation of those great In
dustrial concerns doing an interstate
business, much as wo now regulate the
transportation agencies which uro en
gaged in interstate business. Tho anti
trust luw does good in so far us It can
be invoked against combinations whi. h
really aro monopolies or which restrict
production or which artificially r
prices. But In so far ns Its workings
aro uucertain or ns It threatens corpor
ations which have not been guilty of
uuti-social conduct it does harm. More
over, It cannot by itself accomplish
more than a trifling part of the gov
ernmentnl regulation of big bushier
which Is needed. The nation and the
states must co-operate in this matter.
Among the states that have entered
this field Wisconsin has taken lead
Ing place. Following Senator Ln Fol
lette, a number of practical workers
and thinkers i- Wisconsin have tunic,
that state into an experimental labors
tory of wise governmental action ln aid
of social and industrial Justlco. They
have Initiated the kind of progressive
government which means not merely
the preservation of true democracy, bu
the extension of the principle of true
democracy Into industrialism as well
as into politics. One prime reason why
the state has been so successful In this
policy lies la tho fact that it has done
Justlco to corporations precisely as li
has exacted Justice from them.
Thl Is precisely tho nttltudo we
should tnko toward big business. It
Is tho practical application of the prin
ciple of tho square deal. Not only as
n matter of Justice, but in our own
interest, we should scrupulously re
spect tho rights of honest nnd decent
business and should encourage it
where its activities make, as they often
do make, for the common good. In
other words, our demand is that big
business give the people a square deal
and that tho people give a square deal
to any mnn engaged In big business
who honestly endeavors to do what 1
light and proper.
On tho other hand, any corporation,
big or little, which has gained its pn
sltlon by unfair methods nnd by Int. r
ference with tho rights of others,
which has raised prices or limited out
put In Improper fashion nnd has been
guilty of demoralizing nnd corrupt
practices, should not only bo broken
up, but it should be made the business
of some competent governmental body
by constant supervision to see that It
does not come together again, save un
der such strict coutrol ns to Insure the
community against all danger of a rep
etition of the bad conduct.
Control Should Be Administrative,
All business Into which tho element
of monopoly in any way or degree en
ters uud where it proves ln practice
impossible totally to eliminate this ele
ment of monopoly should be carefully
supervised, regulated nnd controlled by
governmental authority, nnd such cou
trol should bo exercised by administra
tive rather than by judicial olllcers.
In emphasizing tho part of the ad
ministrative department In regulating
combinations nnd checking nbsoluto
monopoly I do uot, of course, overlook
the obvious fact that tho legislature
nud the Judiciary must do their part.
Tho legislature should inako It more
clear exactly what methods uro Illegal,
uud then the Judiciary will bo In u
better position to punish adequately
nnd relentlessly thoso who Insist on
defying the clear legislative decrees.
I do not believe any absolute private
monopoly Is Justified, but if our grout
combinations are properly supervised,
so that Immoral practices aro prevent
ed, nbsoluto monopoly will not come
to pass, as tho laws of competition
uud cfficloncy aro against it
Tho Important thing Is thls-that
under such government recognition ns
wc mny glvo to that which Is benef
icent nnd wholesomo In largo busi
ness organizations wc shall bo most
vigilant never to allow thorn to crys
tallize Into n condition which shall
iuako prlvnto Initiative difficult. It Is
I of the utmost Importance that In tho
future wo shall keep the broad pnth of
.opportunity Just as open and easy for
our children ns It was for our fathers
'during tho period which has been the
clory of America's Industrial history.
In a word, then, our fundamental
purposo must bo to secure genuine
equality of opportunity. No man
should rccclvo a dollar unless that
dollar has been fairly earned. Every
dollar received should represent n dol
' lar's worth of service rendered. No
j watering of stocks should bo permit
ted, and It can bo prevented only by
I close governmental supervision of nil
stock Issues so as to prevent overcap
italization. Wo stand for tho rights of property,
but wc stand oven more for tho rights
of man. Wo will protect the rights of
tho wealthy man, but we maintain
thnt ho holds his wealth subject to the
general right of tho community to retr
ulato Its business use ns the public
welfare requires.
Welfare of Labor.
We also maintain that tho nation
' and tho several states havo the right
to regulate the terms and conditions
of labor, which is tho chief clement
of wealth, directly ln the Interest of
the common good. It Is our prime
' duty to shape tho industrial nnd social
forces so that they may toll for tho
material and moral upbuilding of tho
I farmer and tho wage worker, Just as
I they should do In tho case of tho bust
I ness man. You, framers of this con
, stltutlon, be careful ro to frame It that
J under It the people shall leave thorn
I solves free to do whatever Is necessary
( In order to help tho farmers of the
, state to get for themselves nnd their
wives and children not only tho bone
fits of better farming, but also those
of better business methods and better
conditions of life on the farm.
Moreover, shape your constitutional
action so that the people will bo able
through their legislative bodies or, fall
ing that, by direct popular vote to pro
vide workmen's compensation acts, to
regulate tho hours of labor for chil
dren nnd for women, to provide for
their safety while nt work nnd to pre
vent overwork or work under unhy
gienic or unsafe conditions. See to It
that no restrictions are placed upon
legislative powers that will prevent the
enactment of laws under which your
peoplo can promote, tho general wel
fare, tho common good.
So much for the ends of govern
ment, and I have, of course, merely
sketched In outline what tho ends
should be. Now for tho machinery by
which these ends are to be achieved,
and here again remember I only sketch
in outllno and do not for a moment
pretend to work out in detail the meth
ods of achieving your purposes. Let
mo nt tho outset urge upon you to re
member that, while machinery is Im
portant, it is easy to overestimate Its
Importance nnd, moreover, that each
community has the absolute right to
determine for itself what that machin
ery shall be, subject only to the funda
mental law of the nation as expressed
in the constitution of the United
States. Massachusetts has tho right
to have appointive Judges who serve
during good behavior, subject to re
moval, not by impeachment, but by
simple majority vote of tho two houses
of the legislature whenever the repre
sentatives of the people feel that the
needs of tho people require such re
moval. New York has tho right to
havo a long term electlvo Judiciary.
Ohio has the right to have a short term
elective Judiciary without the recall.
California, Oregon nnd Arizona have
each and every ono of them the right
to have n short term elective Judiciary
with the recall. Tersonnlly of the four
systems I p.efcr tho Massachusetts
ono If addition be mado to It us I here
Inafter indicate.
In tho first place, I believe in the
short ballot. You cannot get good serv
ice from tho public servant if you cun
not see him, and thero is no more ef
fective way of hiding him than by mix
ing him up with n multitude of others
so that they are none of them impor
tant enough to catch tho eye of the
average workaday citizen. The crouk
ln public life is not ordinarily the man
whom the people themselves elect di
rectly to a highly Important nnd re
sponsible position. The typo of boss
who has made the name of politician
odious rarely himself runs for high elec
tive olllce, uud If he doea nnd is elected
tho people havo only themselves to
blame. The professional politlclnn nnd
the professional lobbyist thrive most
runkiy under u system which provides
n multitude of elective olllcers, of such
divided responsibility nnd of such ob
scurity that the public knows and can
know but llttlo ns to their duties uud
tho way they perform them.
Direct Nominations.
I believe ln providing for direct noml
nutluns by the people, Including there
in direct preferential primaries for the
election of delegates to tho national
nominating conventions. Not as n mat
ter of theory, but as a matter of plain
und proved experience, we find that the
convention system, whllo It often re
cords the popular will, is also often
used by ndrolt politicians ns n method
of thwurtlng tho popular will. In other
words, tho existing machinery for nom
iuutlons Is cumbrous nud Is not de
signed to secure tho real expression of
tho popular desire.
I bellovo ln the election of United
States senators by direct vote. Just
as actual experience convinced our
people that presidents should bo elect
ed (as they now aro In practice, nl-
I though not in theory) by direct vote
of tho people instead of by Indirect
voto through nn untrammolod electoral
college, so actual experience has con
vinced us that senators should bo elect
ed by direct voto of tho pcoplo Instead
of Indirectly through tho various legis
latures. I bellovo ln tho Initiative nnd tho ref
rrendum, which should bo used not to
destroy representative government, but
to correct It whenever it becomes mis
representative. Here again I am con
cerned not with theories, but with ac
tual facts. If ln nny state the peoplo
are themselves satisfied with their
present representor system then It
is, of course, their right to keep that
system unchanged, and it Is nobody's
business but theirs. But in nctual
practice it has been found In very
many states that legislative bodies
havo not been responsive to tho popular
will; therefore I believe that tho state
should provldo for tho possibility of di
rect penular action In order to make
good such legislative failure.
Recall of Judges.
As to tho recall, I do not believe that
thero Is any great necessity for it an
regards short term elective officers. On
abstract grounds I was originally In
clined to bo hostile to It. I know of
one case where It was actually used
with mischievous results. On tile oth
er hand, ln three cases In municipali
ties on the Pnciflc coast which have
come to my knowledge It was us"d
with excellent results. I believe It
bhould be generally provided, but with
such restrictions ns will moke It avail
able only when there Is n widespread
nnd genuine public feeling among n
majority of the voters.
There remains the question of the re
call of Judges. One of the ablest ju
rists in tho United States, a veteran In
service to tho peoplo, recently wroto
rao as follows on this subject:
"Thero are two causes of tho agita
tion for the recall as applied to
judges. First, tho administration of
Justlco has withdrawn from life and
become artificial nnd technical. The
recall Is not so much n recall of Judges
from office as It is a recall of the ad
ministration of Justice back to life, so
that It shall become, as It ought to bo.
the most efficient of nil agencies for
making this earth a better place to live
ln. Judges have set their rules above
life. Like tho Pharisees of old, they
have said, 'The pcoplo be accursed;
they know not tho law (that Is, our
'rale'). Courts have repeatedly defeat
ed the aroused moral sentiment of a
whole commonwealth. Take the ex
ample of the St. Louis boodlcrs. Their
guilt was plain nnd In the main con
fessed. The whole state was aroused
and outraged. By an Instinct that goes
to tho very foundation of all social
order they demanded that the guilty be
punished. The boodlers were convict
ed, but the supremo court of Missouri,
never questioning their guilt, sot their
conviction nslde upon purely technical
grounds. The same thing occtirred in
California. Nero, fiddling over burning
Rome, was n patriot and a statesman
In comparison with Judges who thus
trifle with nnd frustrate the aroused
moral sentiment of a great people, for
that sentiment Is politically the vital
breath of both state and nation. It Is
to recall the administration of Justice
back from such practices that tho re
cent agitation has arisen.
"Second, by tho abuse of tho power
to declare laws unconstitutional the
courts have become a lawmaking in
stead of a law enforcing agency. Here
ngalu the settled will of society .to cor
rect confessed evils has been set at
naught by those who place metaphys
ics above life. It is tho courts, not the
constitutions, that are at fault It Is
only by the process which James Bus
sell Lowell when answering the critics
of Lincoln called 'pettifogging tho con
stitution' that constitutions which were
designed to protect society can thus bo
mado to defeat the common good. Ilero
again the recnll Is a recall of tho ad
ministration of justice back from aca
demlcul refinements to social service."
An independent and upright judiciary
which fearlessly stands for tho right,
oven nguiust popular clamor, but which
also understands and sympathizer with
popular ueeds, is a great asset of popu
lar government. There Is uo public
servant and no private man whom I
place above a judge of the best type
and very few whom I rank besldo him.
1 believe hi the cumulatlvo value of tho
law and lu Us value as an impersonal,
disinterested basis of coutrol. I be
lieve In the necessity for tho courts'
Interpretation of the law as law with
out the power to change tho law or to
substitute some other thing than law
for it. But I agree with every great
Jurist, from Marshall downward, when
I say that every judge Is bouud to con
sider two separate elements lu his de
cision of a case, one the terms of the
law and the other tho conditions c ac
tual life to which tho law Is to be ap
plied. Only by taking both of these
elements Into account is it possible to
apply the law as Its spirit aud luteut
demand that it bo applied. Both law
nnd lifo tire to be considered In order
that tho luw nnd the constttutlou shall
become, In John Marshall's words, "a
living Instrument nnd -not n dead let
ter." Justlco between man and man, be
tween the state and Its citizens, Is n
living thing, whereas legalistic justlco
Is a dead thing. Moreover, never for
get that the Judge Is Just ns much the
servant of tho pcoplo as any other
official. Of course ho must act con
scientiously. So must every other olll
clal. Ho must not do anything wrong
because thero Is popular clamor for It
any more than under similar circum
stances n governor or a legislator or n
public utilities commissioner should do
wrong. Each must follow his con
science, even though to do so costs
him his place. But In their turn the
peoplo must follow their conscience,
and when thev havo definitely decided
mi n irivnii unnrTr inn iTifior imt-n
in.- Btnujin wuci win enrry out uia
policy.
Impeachment a Failure
Keep clearly In mind tho dlstlnct.o.
netTvnen tho nml nml tfin mnmiH 4..
tain that cud. Our nl.n Is to i
type of Judge that I havo described, t
keep him on tho bench ns loug a.i j i ,
slble and to keep off the bench ant',
necessary, tako off tho bench ih
wrong typo of Judge. Under tho co 1
dltlons set forth In tho extract f'"i
t)u leHpr elrnn nlinvn I uamtL1 ,...1.
sonally havo favored the recall of t'
Judges both ln California and lu M,
sourl, for no damage that could ha'--,
been done by tho recall would hav.
equaled tho damage dono to the c
munlty by Judges whoso conduct h
revolted not nnlv tho snlrlr. nf timM-...
but tho spirit of common sense. I di
not bcllevo In adopting tho recall snv
as a last resort, when It has beronn
clearly evident that no other on
will achieve tho desired result L
nlttinr Mm 1-nnnll vlll horn in ImmlM '
cd or else It will have to be n.
much easier than It now Is to gc 1
uot merely of a bad Judge, but nr
judge who, however virtuous, V
grown so out of touch with sor
needs and facts that he Is unfit In-.
to render good service on tho ben i
It 13 nonsense to say that lmpet 'i
ment meets the difficulty. In nc
practice we havo found that lmpea' 11
ment does not work; that unfit Jud
wia.v on mo uenru in spue 01 u. icj
nn.int.mn.., n .. m ... .1 f . 1. - III.. . '
which the people Justly complain Is
summary, remedy Is needed.
T)... 4.1..- 1- - 1-1 t m it i.
iuu iuviu is unu uinu ui tin i
fttU T nf-t Anr.o1 ....1 it.
111" LA m. UU ill-nil.) UL'llUtU Uilll LJ.
imm(mntf nrinnMrm nf Trlilrii T tirn
Tliore are Bound reasons for belup m
tfniia nlinilf tlin fnrnlt nt n r-rv1 liiil -,
proper decision. Every public servant
nn mnftnr Tinw vnlnnhlo nml nnt nn.Ir
, , ......... 0 u.abuu v
cillnll nf Intna mn-ea mlotni'na lit- r-n
LIU. If 4 liuv: liil.llUJVC J i I U' '
rT tvA cTirttttd inlif Inna nlinnt rt
makes ln the ordinary course as
ween Individuals. But when a jud,
lues a consuiuuonai question, nmi
.. decides what the peoplo ns a wh i
ran or cannot do, the people sho.
have the right to recall that dei 11
lr they think It wrong, we suouiu 11 h
the judiciary in nil respect, but it 1.
both absurd nnd degrading to mat
fetish of a judge or of auy one e
A1.nt,nm T Innnln cnl.! In life fJfat in 11
people Is to bo Irrevocably Used by d
cisious of the supremo court
cue people win iiuve ceaseci 10 uc- iuc-u
own rulers, having to that extent prac
tically resigned their government 'j
the hands of that eminent tribune 1
Nor is there ln this view nny ass
upon mo courts or lue juunl-.'v i. i
I.. 1 I ,. , 1 J t f.
!.. . 1. - I I I A .l,n fntnll In I .
till ,1117 III I1IL Hill. UL llill 11.(1.1 ... llli
Dred Scott case.
Trust tho People.
IC'SO 11.IUU1J UWUUICIU l vim
by nnd of the people violently antago
nlze this nronosal. Tuov believe c u
sometimes assert that the Ameri an
1. &. Att.,t An.. nr.tln n ai
1'l.TJJJlU lilt; UUk UiaU IVt fJ
il. . t II -J i.l .1 1 ... fc t 1. .
tt n irtrirv rr nil run Titirni- imi
i rum lue uvcisum ui. a .uui i ju au,
case and that therefore the Judges r
to be established as sovereign ru o
over tho people. I take absolute is"o
t. 1. -.11 11. mU nl, n w. 1
tlon. I regard it as a complete no? i
tlon of our -whole system of govern
ment, and if it became the domiunn
nnIMnn in thiQ rrmnfrv it wnnlii nionn
the nbsoluto upsetting of both "
i
ttio American neonie are not in n
nnnnlnr mvornnient nnd if tbov slinn 1
of right bo the servants and nut
masters of the men whom thev th
selves put in olllce, then Lincoln's c
was wasted and the whole syste
government upon which this c
democratic republic rests is a f;
I believe, on tho contrary, with ; ' '
heart that tho American people ore '
for complete self government nud tl
In splto of all our fallings nnl -comings
we of this republic have i"
nearly realized than auy other pei
il. At I 1 - 1 0 l t r . . i 1
through genuine popular rule. If
courts havo the final say so on n"
Islntlvc acts and if no nppenl can 1
11UII1 Llit-'Ul I IF IliU IH.-U1HU, IUI.-II llivi
tho Irresponsible masters of the
FPl.rt nnl.. tnrinliTit ATPIIOil Tnv ell li 1
X UJ Ullli 11.'..'... 1. . ....
position is the frank avowal tint '
people lack sufllclent Intelligence
morality to bo fit to govern themso'v -s.
In other words, those who tnke
position hold that the peop'o
enough Intelligence to frame nnd " 1
a constitution, nut not cnougn ! i-
,1 UllT III "I'l'V Hill lllll.llill IU" - l
Htuution which mey nave mem u's
made.
I do not say that tho peoplo a-o In-
lauiuie, unt i uo any tuiii. ci'ir " u c-
uifiuij mmiia mill uiu .vuiuiiiuu -l-i-
i laiuiia Lii.iii 13 Lilt; i im' Mini tin "t
I in iriivnrniiiiinrn i iinnma in wnii'u lei
tne r convenience, tnev nave ueieg ti
ed portions of their power.
Just ns tho people and uot the su-
'Vu cuuil UtlUVt V. tttV. fc Kl H-'nc. v .-,,,
were wise in tueir decisions or tne vi
tal questions of their day. so I hold
that now tho American peoplo ns a
wiimi i in vn Hiinwii i nt'iiiHt'ii m iim-i.
than tho courts ln the way they have
approached and dealt with such vital
questions of our day ns thoso concern
ing tho proper control of big corpora
tions und of securing their rights to
Industrial workers.