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the legislative branch, but that it usurped between man and man. I am speaking only power belonging to the people.
of the function exercise by the judges of My personal judgment is that Marshall the United States, but not exercised by any rendered a great service at the time of his judge in England or Germany or France or decision, because up to that time there had any similar great industrial European nation. not been any really sovereign power. It was I am speaking of the exercise by the judges necessary that there should be somewhere of the United States of the political or legisestablished such a sovereign power.
lative right to annul laws, and to declare that better that the Court should have the final the people have no power to enact those laws say than that any other branch of govern- which the judges do not think they ought ment should have it, or that it should not to enact. exist anywhere. Moreover, at first the power Let me illustrate just what I mean, in order was exercised with the greatest caution, and to show you that I am speaking with exact this continued for half a century.
and accurate reference to the facts. The the power hardened into an almost unques- people of the State of New York declared tioned, and then into an unquestioned, right, that bakers who worked under unhealthy conthe judges began to assert it more and more ditions in underground factories should not frequently. For a third of a century ic has labor over ten hours a day. The Supreme now been exercised with what I am forced Court of the United States said that they to say, speaking gravely and deliberately, has had no power to pass such a law, and anbeen inexcusable and reckless wantonness, nulled it. Again, the people of the State on behalf of privilege, and against the inter- of New York declared that in crowded ests of the very people for whom it is most tenement-houses the men, women, and chilneedful that the power of the Government dren should not be allowed to work at the should be invoked.
tobacco trade under unhealthy conditions. The Federal judges are appointed for life. The highest State court said that the people In the different States various methods of had no power to pass such a law. Yet election and appointment of their judges are again, the people of the State of New York followed. The judges are, on the - whole, declared that compensation should be paid able and upright men, and public servants of by their employers for men killed or crippled a very high order.
Some of them, in spite in dangerous industries; the highest State of their surroundings, retain an absolutely lib- court said that the people had no power to eral mind, and these men render service such enact such a law. In other cases various as no other public servants can or do render. courts declared that the people had no power But considering the judges as a whole, their to limit the hours of labor of women, or to necessary and inevitable tendency is to be- prevent them working under improper condicome over-conservative, and quite uncon- tions at night; had no power to force emsciously to get out of touch with the needs ployers to safeguard dangerous machinery and aspirations of the people as a whole. around which women and children They are admirably fit to do justice under employed ; had no power to forbid the truck the law. But they have no special fitness to store or company store system ; and so on say what the laws shall be under which the
and so on.
scores of average men and women of the Nation are such decisions in which various courts anto lead their lives of toil and happiness. Not nulled law after law urgently demanded in only the Federal judges, but the judges of the interest of humanity. In these cases the the various States, have assumed the right in courts kept the law barbarous, kept it from hundreds of cases to set aside laws; and in being humanized, put property rights above scores of cases these laws have been the human rights, and sanctioned almost every very laws that were vitally necessary in order abuse in the interest of property no matter that the conditions of life and of labor might how great the damage it did to humanity. be bettered as regards those of our people The judges who rendered these decisions whose need was greatest.
were not bad men--they were well-meaning I wish you to remember that in all this I
and honest men. But they had no idea how am not speaking of any judicial function of the great bulk of their fellow-countrymen the judge properly so called. I am not lived and worked. They knew nothing of speaking of the judges' power to administer the life needs of the average man and averthe law and to apply it and do justice as age woman of their Nation. Quite uncon
sciously they zealously served the cause of a lent opposition because we have provoked small privileged caste and exerted their great the unrelenting enmity of certain great finanpower in favor of those who least, and against cial interests. Some of these great interests those who most, needed it. I believe in are anxious improperly to exploit the people; property rights; I believe that normally the others wish to deal honestly by the people, rights of property and of humanity coincide ; but distrust the people, and, although they but sometimes they conflict, and where this desire to treat them fairly, desire to give this is so I put human rights above property fair treatment from the standpoint of a rights. There are many of us in the United benevolent despotism, which we regard as States who will never rest content while the intolerable. These interests derive an imcondition against which I protest continues. mense advantage from the injection into our We believe that the only wise government Government of reactionary governmental and for a democracy is a government by the economic ideas by well-meaning judges of majority, changing easily as the deliberately over-conservative temperament, who unconexpressed will of the majority itself changes. sciously respond to arguments advanced by We believe that the Constitution of the shrewd and able corporation lawyers. United States is not a strait-jacket designed We do not confine ourselves to mere to restrain a disorderly and incompetent scolding. We do not merely denounce what people from controlling its own affairs, but, on we do not like. We have a definite plan the contrary, an instrument wisely devised to which has been outlined above. The courts help the orderly growth of the people toward are continuously by their decisions annulling a juster and fairer life system. Therefore laws which the people desire to have enwe believe that it should be made readily acted. They are in effect continually amendpossible to change this instrument in any ing the Constitution against the deliberate particular where change is found necessary. intent of the people who made the ConstituWe further believe that the administration of tion. Judicial amendment to the Constitution justice should be humanized. We believe is fatally easy. Popular amendment is so that by some means quick and available to difficult that at best it needs ten or fifteen the people the incompetent or unjust judge years to put it through. The theory of the should be removed from office. We believe Constitution against which we protest takes that the whole body of the electorate shall at away from the people as a whole their sovall times and under all circumstances be the ereign right to govern themselves. It deones to say by what laws they shall be gov- posits this right to govern the people in the erned. We deny the right of the courts to hands of well-meaning men who either are annul laws which the people desire because not elected by the people, or at least are not these laws do not accord with the economic elected for any such purpose, who cannot be ideas of the judiciary.
We hold that the removed by the people, and who too often people have the right at all times and under perversely pride themselves on having no all conditions to say by what laws they are to direct responsibility to the people. We probe governed, and that those who deny this pose to make the process of Constitutional theory are not loyal to the theory of repub- amendment far easier, speedier, and simpler licanism. We hold that the democratic than at present. Furthermore, we propose movement of to-day means that all the people that, in any specific case where the court must in some shape work together for the declares unconstitutional a given law in the welfare of all in order to secure wider oppor- interest of social justice, the people themtunity to all. We believe that only in this selves shall have the power to decide whether, fashion will it prove possible to secure greater notwithstanding such decision, the law in quesfreedom to the average individual and a larger tion shall become part of the law of the land. and juster distribution of the benefits of Let me repeat once more, for it cannot life.
too often be repeated, that I am not speaking When such are our deep convictions, we of any judicial function of the courts. cannot and will not submit to the doctrine speaking of their lawmaking function, of that laws to guarantee these benefits can, at their Constitution-making function. Even their own pleasure, be annulled by public as regards this, we do not advocate taking servants who are not responsible to the pub- away from them the power which they have lic and who have different economic ideas assumed as regards the legislative and execufrom the public. We have encountered vio- tive. We do not intend to reduce them to
the position in which judges stand in Eng- court and the legislature when the court land, France, Germany, and the other great and the legislature differ as to the proper civilized countries of the Old World, where the interpretation of the Constitution which the judges cannot control in even the smallest people made. We wish to give to the people degree the lawmaking power of the legisla- the power finally to make their own Constiture. But we do intend that in these matters tution, and to make it by declaring specifiof lawmaking and Constitution-making the cally what it is to be held to mean in any people shall be made supreme the given case where the two servants of the courts, not merely nominally and theoreti- people, the court and the legislature, discally, but practically and as a matter of actual agree on some definite act in the interest of fact. Our proposal is that the court shall social and industrial injustice. continue to have the right to declare a given I have spoken at length of this matter belaw of the legislature unconstitutional ; but cause it is vital to the growth of democracy that in such case the people shall have the in my own country, and because the principle right, by expeditious process, after taking of the sovereignty of the people is vital to all time for deliberation, but without any im- democracy. If the people fail to exercise proper or excessive delay, to say whether the that sovereignty with justice, self-control, and legislature or the court shall be held best practical good sense, then they show they are to have interpreted their wishes. We do not fit for democracy. But if they are fit for not wish to take away the power of the democracy, then the sovereignty is and must be courts to pass on the constitutionality of a theirs, and theirs in fact and not merely in law. But where they thus declare a law un
A free democracy fit for self-governconstitutional, we wish to give to the people who ment must insist on governing itself and not made the Constitution, whose fathers died for being governed by others. Such a democit, who now live under it, and to whom it be- racy can no more recognize the divine right longs, the right to say whether or not the law of judges than the divine right of kings. It shall stand. We wish to make the people the must itself declare what the laws and the supreme arbiters between their servants the constitution shall be.
IN CROWDED STREETS
BY MARTHA HASKELL CLARK
Upon the green-gloomed, silent trails I wandered far,
Each trail-side voice so dear, familiar-known
I could not shrink, nor feel myself alone.
The very night winds unfamiliar-blown,
UNION HICHI SCHOOL THE NEW BOOKS
Wallet of Time (The). By William Winter. In description. Those were denotements of the soul that 2 vols. Moffat, Yard & Co., New York. $10.
smoldered beneath her grave exterior and gave iridescence Probably no man of letters in the country, cer
to every character that she embodied. Sometimes her
whole being seemed to become petrified in a silent sustainly no dramatic critic, has had a longer expe
pense more thrilling than any action-as if her imaginarience in dealing with the theater -or wider tion were suddenly enthralled by the tumult and awe of acquaintance with leading actors than Mr. its own vast perceptions. William Winter. He has been the friend of Madame Modjeska and Mary Anderson are almost every actor of distinction for a full gen- also fortunate in being painted by this accomeration. He is a writer of marked lyrical qual- plished writer; for their charm, personal as ity ; his criticism has not always been judicial, well as temperamental, would have escaped a for he is a good hater as well as a born lover; less sensitive brush than his. but he never fails to be intelligent and interest
New Standard Dictionary (The). The Funk & ing. These two portly volumes contain the
Wagnalls Company, New York. $30. records of many interesting friendships with The new Standard Dictionary in its one-volume men and women of genius, and they also consti
form is a huge book containing nearly three thoutute a history of the American stage. Mr. sand pages and full from cover to cover of the Winter is extremely happy in painting portraits. most varied information, sifted and winnowed unAn example of his skill is his study of John tiionly the pure grain of lexicography is left. Lest Gilbert, for many years the most admirable
this metaphor prove misleading, however, let it interpreter of old age on the American stage: be said that the New Standard is by no means a
Formal but not frigid, stately without pomp, dignified mere word-book. It has, indeed, departed in without severity, formidable in its self-reliance and reti
its new form from traditional dictionary-making cence, individual, positive, scrupulous, and exact, but neither aggressive nor caustic, the personality of John
by including biographical and geographical Gilbert, although it impressed many of his acquaintances names in its main vocabulary, thus greatly addas exclusive and cold, was sincere, manly, gentle, and ing to the convenience of reference. This feaeven tender.
He had strong convictions. He was uncompromising. He never flattered anybody, and he never
ture, making the dictionary practically an enassumed a cordiality that he did not feel.
cyclopædia, is the most radical innovation that was usually urbane, but his temper was impetuous, and has been introduced in the present edition. The when offended by frivolity, professional incompetence, or main features of the original Standard Dictionsycophantic fawning-three things which especially he detested-he could express contempt and scorn with ener
ary .have been followed in the new work, but getic indignation and righteous vehemence. The pro- many improvements have been made, including fession of the actor was, in his esteem, sacred. He al- certain changes tending to the reflection of lowed no levity on that subject.
usage rather than to the establishing of new No one has more adequately celebrated Ed
standards—as in the syllabication of words. win Booth's delicate genius, nor has any one The vocabulary now includes 450,000 terms as more fully described the charm of his beautiful
against the 304,000 of the first edition, showvoice and his reading of Shakespearean verse, ing not only the growth of the language in the than Mr. Winter; but those characterizations
twenty years since the Standard Dictionary first must be found in another volume. In these
appeared, but the steady advance in the science volumes one of the greatest figures is that of
of dictionary-making. To those who are familiar Charlotte Cushman, a woman of extraordinary with the merits of the original edition no praise genius, who overcame obstacles which would
is needed for the New Standard ; those who have daunted a less courageous nature, and who first make the acquaintance of this dictionary snatched victory, as it were, from the jaws of
through its new edition will soon become its defeat. Mr. Winter has this to say of her essen- fast friends. tial qualities: The greatness of Charlotte Cushman, therefore, was
Quest of the Best (The). By William De Witt that of an exceptional because grand and striking per
Hyde. The Thomas Y. Crowell Company, New
York. $1. sonality, combined with extraordinary power to embody the highest ideals of majesty, pathos, and appalling
This fresh addition to President Hyde's valuanguish. She was not a great actress merely; she was a able treatises on ethics during the last twentygreat woman. She did not possess the dramatic faculty
one years is designed specially for boys, while apart from other faculties, and conquer by that alone; but, being affluent in that faculty, she poured forth through
in large measure applicable to girls. He shows its channel such resources of character, intellect, moral that boys are naturally but pardonably bad, strength, soul and personal magnetism as marked her as a their badness being elemental goodness out of genius of the first order while they made her an irresisti
place and working in the wrong direction-just ble force in art. When she came upon the stage she filled it with the weirdness and the brilliant vitality of her
as dirt is matter out of place. Next, enforced presence. Every movement that she made was winningly or artificial goodness is unstable and unreal, and characteristic. ller least gesture was eloquent. Her
yet a stage of moral discipline that cannot be voice, which was soft or silvery or deep or mellow accordingly as emotion affected it, used now and then to tremble
skipped in the development of real goodness and partly to break with tones that were pathetic beyond enlisted in an earnest quest of the best. How
to allure the boy to this quest, keep him in it, and bring him back to it when gone astray, is presented as the great ethical problem, and is instructively answered. A peculiar interest and value of this treatise is in its having been collaborated by President Hyde, first with his class of Bowdoin College students, and afterward with several hundred experts in work for boys, to whom he presented it in lectures last May for criticism and suggestions, to which he acknowledges much indebtedness.
No more helpful book exists for those who have to do with the training of boys. Grown-up readers will find that it puts them to confession with a thoroughness that is good for conscience. Familiar Spanish Travels. By William Dean
Howells. Harper & Brothers, New York. $2. Mr. Howells is always charming, but never more so than when traveling in a foreign country. He has a way of dealing with the most familiar localities with an intimacy, a humor, and a continuous friendliness which give beaten paths a çertain novelty. This book is prefaced by a very pleasant autobiographical Introduction, in which the author apologizes to himself for having so long delayed acquaintance with Spain. It is fortunate, however, for his readers that the acquaintance did not come earlier, for in that event his report and comment would no doubt long ago have become the possession of his readers, instead of being, as to-day, a new acquisition. Burgos, San Sebastian, Toledo, Cordova, Granada, and Tarifa, among other localities, are very pleasantly sketched by this accomplished traveler. Barbary Coast (The). By Albert Edwards.
The Macmillan Company, New York. $2. With a very few exceptions, the sketches of French North Africa here included first appeared in The Outlook. If they had been merely descriptive narratives, they might not demand a permanent form ; but they are far more than that. Unless our critical judgment errs exceedingly, the author has caught the romance and atmosphere of Algiers and all the Barbary coast as have very few other writers. There is character, there is reflection, and there is human interest throughout. The book is literature or it is nothing; and, despite the fact stated above as to the first publication, we venture to assert that these sketch-stories are truly literature. They have charm, they have color, and they have reality. Gulliver's Travels. By Jonathan Swift. Illus
trated by Louis Rhead. Harper & Brothers, New
York. $1.50. Mr. Howells furnishes a brief Introduction and points out that “the witchery of one of the most amusing fables ever invented” continues to appeal to children entirely apart from the satirical
political intent author. The edition is in a form altogether admirable, one that the publishers have used for several child classics
type, headings, and size are all but perfect. Mr. Rhead's drawings have imagination and whimsicality. Hans Andersen's Fairy Tales. With Illustra
tions by W. Heaton Robinson. Henry Holt & Co.,
New York. $3.50. Rather an elaborate and heavy-to-hold edition for a child, but Mr. Robinson's pictures are delicate and full of fairy fancy. His restraint in the use of tints in the color-plates is most praiseworthy. Nothing in art is too good for children, but these plates will surely also prove good enough for the adult lover of art. Muther Goose. The Old Nursery Rhymes.
Illustrated by Arthur Rackham. The Century Com
pany, New York. Mr. Rackham is a clever draughtsman and a charming colorist. His art is real art, his fun is real fun. This book will rank with Mr. Rackham's " Peter Pan” and Grimm's “Fairy Tales;" in all three cases the illustrator has been successful in suiting his pictures to young children, and at the same time giving them something better than mere comicality. Miracles of Science. By Henry Smith Will
iams. Harper & Brothers, New York. $2. "Our wonderful generation !" the author exclaims; and well he may, after describing its achievements and discoveries in chemistry, astronomy, medicine, engineering, mechanics (including the wireless, the hydro-aeroplane, the gyroscope, and other recent marvels), and other branches of science and invention. The book is clear, and deals with its subject in a popular rather than technical manner. House in Good Taste (The). By Elsie de Wolfe.
The Century Company, New York. $2.50. The author has done notable things in decorative work. The Colony Club of New York may be cited as a single example. Her beautifully printed and exquisitely illustrated volume is alive with charming suggestions enforced by reference to actual art accomplishment. It is not an essay, but consists of practical talks of the kind to interest every woman who has the wish to “get things right.” Both taste and knowledge pervade the book. Folk of the Woods. By Lucius C. Pardee.
Doubleday, Page & Co., New York. $2. Stories told by the Tree, the Brook, the Birds, and other wood spirits. They are a little overfanciful here and there, but the love for nature and its inner meaning are always evident. The pictures are by Charles Livingston Bull, who has a distinctive manner and a wide knowledge of animal life. Wanderfoot. By Cynthia Stockley. G. P.
Putnam's Sons, New York. $1.35. In construction and in artistic restraint this book is a marked advance over the writer's earlier work. is the life-story of a gifted, romantic, and lovable woman. Her unconquerable spirit in attacking difficulties and her love