Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1890-04-04

1he remedy Tor unjust, or unwise
legislation, not obnoxious to constitu-
tional objections, is to be found in a
change by the people of their repre-
according to the methods
provided by the Constitution.
Again in the People VS.. West in
the 1O6 New York, the Court says
" The power of the Legislature to de-
fine and declare public otlenses is un-
limited except in so far as it is res
trained by constitutional provisions
and guarantees. A legislative act is
presumptively valid; and whoever
questions its validity must he able to
point to some limitation or restriction
or to some guaranty in the Constitu-
ton of the State or the United States
which it violates before its operations
can be stayed or the Court be called
upon to pronounce it void. The nee
essary multiplication OF statutory Of
fenses is.undoubtedly an evil, and the
general interests are best promoted by
allowing the largest practicable liberty
Of individual action; but nevertheless
the justice and wisdom of penal legis-
lation, and its extent within cOnstitu-
tiOnal limits is Il matter resting with
in the Legislative branch of the Govern
ment with which courts cannot inter-
fere."
Whether or not the main current OF
decisions flows in the exact direction
taken by the courts in the New York
cases, We are satisfied that the doctrine
is we'll established, that the powers of
the legislature cannot be restrained
by the courts upon considerations OF
policy or supposed natural equity.
Were this power given to the courts,
the law instead of being administered
and decided upon uniform principles
would be decided according to the par
ticular bent or inclination of mind OF
the ruling judge. What would appeal
to one judge as natural equity, would
not be so received by another, and the
different views of what constitutes a
natural equity would only be equalled
in number by the number of judges
on the bench, each Judge following his
own ideas of abstract right, not limited
to any well defined path of investiga-
ton, but controlled and impelled only
by his personal ideas of what ought OF
ought not to be allowed in a particular
case; pointed in no definite direction,
but drifting aimlessly like mariners ut
sea under clouded sky with neither
compass or log.
OF late years it has been much the
fashion says Judge Bell, in IL Pa. St.
=" To impeach the action of the legis.
lature as unconstitutional when il
happens not to accord with q party's 1
notion Of abstract right, but says the
Court in Davis vs.. State 3 Lea 37S,
whether q statute is contrary to the
genius of u free people is question
for the legislature, not the judge
it cannot be annulled upon supposed
natural equity, the inherent rights ol
freemen, or any general or vague inter.
probation OF provision of the Consti.
tuition beyond its plain and obvious
import. The judiciary could not set
aside law free from conflict with the
Constitution because it seemed unjust,
1t could only interfere by overstepping
the limits of its sphere by apprOpriat.
ing to itself . power beyond its prov
ince, anil by setting an example
which other organs Of the Government
might not be slow to follow. 1t is its
peculiar duty to keep the first lines oi
the Constitution clear; and not to
stretch its power in order to correct
legislative or executive abuses. Every
branch Of the Government, the judicial
included, does injustice for which there
is no remedy, because everything hu.
man is imperfect. The Legislative
power may be unwisely exercised OF
abused, yet it is n power entrusted by
the Constitution to the legislature,
which, while exercised within the
scope of the grant is subject alone to
their discretion; with which the judi
cial tribunals have no right to interfere
because in their judgment the action
Of the legislature is contrary to natu-
raj justice" Williams vs.. Cornmeck
~ Miss. 200.
In the case at bar, no special consti-
tutional limitation OF inhibition is
pointed out with which the law in
question is in conflict; bat it is con-
tended by the defense that the right
of liberty and pursuit OF happiness is
violated by the prohibition Of any act
which does not involve direct and i'm
mediate injury to another.
Counsel for appellant says in his
brief that the parent may be COM
PEELED to send the child to school 50
many months in the year; the State
may prescribe his studies and may tax
the people to the verge of bankruptcy
to mould the infants mind to their
liking; but this right he urges is OH
the ground that the child is the ware!
OF the State and that such jurisdictiod
ceases when it becomes of age. 1t is
difficult to see how the question of in
alienable rights can be affected by age,
when the law prescribes the age at
which the ward arrives at his ma
jOrity and the time at which the in
alienable rights attach. Doubtless the
true theory ON which compulsory
education is sustained is, that the
State has an interest in the intellect
ual condition Of each OF its citizens,
recognizing the fact that society is
but an aggregation Of individuals, and
that the moral or intellectual plane of
society is elevated or degraded in pro-
portion to the plane occupied by its
individual members, and that the edu-
cation is not compelled for tine benefit
OF the child during its minority or for
its exclusive benefit after its majority.
The State has an undisputed right
to, and does provide gymnasium at
tachments to its schools, and prescribes
calisthentic exercises for the muscular
development of school children. The
object to be obtained is not for the
exclusive benefit of the child. The
State has an interest in the health of
its citizens and has Il right to see to il
that its citizens are self supporting.
1t Is burdened with taxation to build
and maintain jails and penitentiaries
for the safe keeping of its criminals,
and to protect its law-abiding subjects
from their ravages. 1t is taxed to
maintain insane asylums for the safe
keeping and care of those who become
insane through vicious habits or other
wise. 1t is compelled TO maintain
hospitals for its sick, and poor houses
tor the INDECENT and helpless, and
surely it ought to have no small in
terest in and no small control over the