Vanishing Landmarks: The Trend Toward BolshevismShaw, Leslie M. (Leslie Mortier)
Philosophy
Vanishing Landmarks: The Trend Toward Bolshevism
Shaw, Leslie M. (Leslie Mortier)
United States -- Politics and government; United States -- Social conditions
What have the courts done to justify such a radical change in our form
of government? When the government was organized the Fathers thought
wise to make express provision that no class should ever become the
special favorite of legislation. The Constitution forbids class
legislation and the courts enforce it. Unless labor union people demand
special exemptions from obligations to which all others are amenable,
or special privileges denied to others, why do they officially make the
revolutionary announcement that the courts are to be abolished? Yet
this very thing has the approval of this most widely known and
best-paid editorial writer in the world. Pressed in a corner, I presume
both would claim that their only desire is to compel the courts
promptly to observe popular sentiment instead of studying legal
principles and, to that end, propose to subject judges to some kind of
recall. And they would doubtless justify all this by the hackneyed
phrase, “the people can be trusted.”
Thus they follow Rousseau and Robespierre. The former declared, “The
general will, the public will, is always right.” The latter said, “The
people is infallible.”
A case that well illustrates this “popular infallibility” as taught by
Rousseau and Robespierre, as well as by their present day disciples,
occurred in a certain county in Iowa, not fifty miles from my home. A
person charged with second degree murder sought his constitutional
right of a fair and impartial trial. He made application for a change
of venue, alleging that his case had been prejudged and that because of
the existing prejudice he could not obtain a fair trial within that
county. Five citizens, the minimum requisite number, supported his
motion by their affidavits. Promptly, two hundred most reputable
citizens filed counter affidavits alleging that there was no prejudice
whatever. The judge believed the five. It is probable that he discerned
evidence of prejudice in the eagerness with which the two hundred
sought to have the case tried in their midst. A change of venue was
granted, and that night these two hundred liberty-loving citizens
decided they would “no longer have the governing power exercised by
judges on the bench,” broke open the jail, hung the accused and would
have done violence to the judge if he had not been spirited away.
If you want the opposite view of “popular infallibility,” so you may
the better determine for yourself, listen to Colonel Henry Watterson, a
democrat of the old school and an American always, in the _Brooklyn
Eagle_ of February 1, 1919:
Public-domain text, read in full here on John Shaqi.
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