political remedy is usually more than ample to safeguard the liquor interests.
II
The theory of judicial control in the American constitutional system entitles the courts to a certain eminence, but it does not justify magnifying the judiciary to the exclusion of everything else. The courts are but one of several restraining influences to which the members of our legislative bodies are subject. "Things in possession," says James Eussell Lowell, "have a very firm grip. One of the strongest cements of society is the conviction of mankind that the state of things into which they are born is a part of the order of the universe, as natural, let us say, as that the sun should go round the earth."[1] The members of our legislatures are no more exempt from the play of this influence than is the mass of the people who elect them. The man who is obliged to listen to arguments on both sides of a question is apt to reflect a moderate point of view. Eesponsibility also exerts a sobering influence. Besides, in most states political parties are so evenly balanced that other men ambitious for office, within as well as without the party, can easily take advantage of any serious mistake of judgment. Once more, the mass of bills introduced at the recurring sessions of our legislatures is such that none save those that are vigorously pressed stand much show of enactment. The average member likes to be considered a practical man, and therefore looks askance upon the proposals of crank reformers. Finally, in a political contest, the property-owning class is very resourceful in taking care of itself. It can see to it that its claims are ably presented. It can pay for printers' ink. It can command the support of men of influence in the community. It can hire effective advocates and attorneys skilled in the labyrinthine processes of the law. It has great power of endurance as an antagonist. Property has a certain glamor which enables it to make friends in unexpected quarters.
Nor does the referendum promise to lead to such radical departures as many fear. There is a vast amount of inertia in the multitude which makes strongly for things as they are. The masses of the people may be more conservative than the average member of a legislature. For this reason certain organs of the Conservative party in England favor the referendum. It may prevent extremists from getting what they want by playing off one party against another. Many people are unwilling to take the trouble to inform themselves upon measures proposed for reform. Others talk like progressives, but lose heart when it comes to vote. Many working people are as much averse to shortening the working day as are the owners of factories. Parents bent upon exploiting their children are opposed to the interference of the law. The boys upon the anthracite coal breakers like their jobs. It is noteworthy that the ex-
- ↑ Op. cit., p. 36.
