Los Angeles daily herald., 1886-06-26
THE SUPREME COURT.

THE SUPREME COURT.
The fundamental idea of representative
republican institutions-of modern de-
mocracy-is a Government of the people,
for the people and by the people. There
is no necessary or essential form. The
English Government, with nominal
imperial head; the French system, with
a Senate, some of whose members have
life tenure; the American plan, in which
the President has more power than many
kings, are different examples Of govern
ments Of, for and by the people. But in
all these, and in all such, this fundamen-
tai idea prevails, and all special and Pc
culiar characteristics are subordinated
to it.
In the evolution of the political insti-
tutions of the people there are, however,
certain general and common features.
For instance, such governments are in
variably divided into three departments,
as they are termed, to which certain func-
tions are confided-the legislative, the
executive and judicial. Lawyers, at
least in America, are fond Of saying that
these several departments are co-ordi-
nate and independent. But this is true
only in limited degree. While legisla-
tive assemblies are charged with the func-
ton Of enacting laws, yet the executive
and the judiciary also have much to do
with making the laws under which we
live. And so the functions Of the other
departments lap over and run into each
other, as it were. But, as we have sug-
gested, the whole system, whatever its
special peculiarities, is dominated and
controlled by the central idea and essen
a. IL -. Il
istered, in all of its details, in the interest
of the people. Whenever the Govern
ment, as whole or in any of its branch
es, fails in this regard, it ceases to work
in harmony with the spirit of modern
free institutions. 1t is then that disturb
ances occur. 1t is then that the people
"rise," )" as the term goes, and agitations,
movements" emeutes, revolutions CIV
il wars, occur. The people, in these days
Of enlightenment, will have their rights.
Having tasted the sweets Of liberty and
self-government, they will not surrender
them. They fully understand that tho
Government is theirs, was instituted for
their benefit, and that they have the
right to require that it shall be SO con-
Quoted and administered.
| Whether an uprising" Of people in
a modern free State shall be peaceful
shall be effective without violence and
oodshed-depends upon the pliability
of the particular form Of the government
Of that State. And the degree Of ngita-
ton that may be required in given in
stance to force the government into full
harmony with the interests Of the people
will depend upon the facility with which
the personnel of the government may be
changed.
Fortunately, under our American con-
stitutional system, there is not much diff
iculty in compelling our governments to
obey the behests of the people of the
States and of the nation, respectively.
With us the principle Of representation
has been brought to its greatest perfec-
ton. Our legislative bodies are frequent
ly renewed and are sufficiently pliable.
Our President and Governors are elected
at short intervals, and are reasonably
amenable to public sentiment, to the de-
mands Of the people whose servants they
are. And our Judges, who have much
to do with making and enforcing the laws
under which We live, arc also amenable
to the people. In many instances they
are elected at intervals, and in the Fed
ersl Constitution, as well as in the Com
stitutions Of all Of the States, the Judges
have been subordinate to the authority
VI tiiO ihuiOdAttH REPRESENTATIVES, Ol tlt3
people. In the Constitution OF Massa-
chusetts of 1880 the free people of that
commonwealth declared in their Bill Of
Rights:
In order to prevent those who are ves-
ted with authority from becoming oppres-
sors, the people have right at such PEE
riods, and in such manner as they shall
establish by their frame Of Government,
TO cause their public officers to return to
private life, and to Gil up vacant places
by certain and regular elections and APP
pointments.
This principle pervades the fundamen-
tai laws Of all of the States II is simply
that all public officers are and must ever
be subjected to the will Of the people.
And now to the application.
The Supreme Court of California has
arrayed itself in open opposition to the
people Of the State in matter which
vitality affects the present prosperity and
future material welfare of the common
wealth. Or it would be more accurate
and just 10 say that four of the seven
Judges have done so. theoretically,
Courts decide cases between citizens and
between citizens and the State Prac-
tically they declare, and thereby de-
termine the customary common law
which controls other cases and sf-
fects varied and extensive interests not
involved in the immediate controversies
before them. A water case was before
this Court. The majority OF the Judges
took the occasion to declare, and thereby
to create, in effect, a system OF water
rights which If enforced will ruin the az
ricultursl interests of California; which
will destroy thousands of happy homes;
which will desolate vast area Of highly
cultivated land-will relegatc it to the
original desert from which it has been
redeemed; which will check and prevent
development, and which will set Caiifor-
mia upon backward march.
We need not now enter into the details
OF this egregious blunder They have
been fully discussed in these columns;
our readers and the people at large are
familiar with them. Suffice now 70 con-
template the evil and to consider the
remedy.
And the remedy is simple. The peo-
pie demand that the Judges who have
threatened their welfare shall retire.
They must so. 1t is the peoples right
to demand ito cause their (these)
public officers to return to private life."
This is tne matter in nutshell, and here
we leave Daily Examiner, June 81