The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-12
rowERs on AMERcAN JUpGEs.

POWERS or AMERICAN JUDGES.
The government OF this republic, both
in its federal and state departments. Is
framed upon the basis Of q political trinity
whose powers and duties devolye upon
officials constituting respectively the
executive. the legislative and the judi
cial units Of this triuno ruler; all OF
those who participate in the preroga-
tives Of any Of these :hree subdivisions
Of triple governments are chosen, di-
rectly or indirectly, by the people and
are intended merely to represent them
in whatever capacity they may be Sc
lected 20 act
1t has never been the intention Of the
American people that their govern
mental trinity, either In unity OF In any
OF it's triuno functions, should rossess or
exercise any powers which were not sub
ject to checks, restraints, or limitations
Of some kind, or which were not ulti-
mately controlled by the viii Of the PEG
pie. the very idea Of absolutism being
inconsistent with the fundamental prin-
ciples Of ou5 republican institutions and
repulsive TO the feelings Of every loyal
citizen Of these confederated common
wealths.
1t is not at all likely that any native
American, or even any naturalized citi-
zen who has become at all imbued with
the spirit Of our political principles, will
dispute these propositions, OF feel dis
posed to question the familiar maxim
that "vox popul, del est" aud yet 1t
would seem quite clear that we have a
relic, if not the reality, Of absolutism re-
naming with US in one branch Of our
governmental system.
The general impression as to the order
Of precedence in the various depart
meuts Of popular government may be
conoisely stated as follows: First the
organic act or constitution adopted by
the people. Second, the statutes or
laws enacted by the peoples represen-
tatives. Third, the courts to construe
and apply these laws Aud fourth, the
executive officers 10 enforce them.
But, while this prevalent impression
il theoretically correct, it requires but
little reflection 10 force upon us the re-
alizaton that the most important, the
most dangerous, and by far the most
potent, branch Of our American govern
ments is that Of the judiciary.
The constitution 4 the United States
and Of each state, the charter OF every
city and o. every corporal. on, the acts
OF the United States congress and the
laws Of every state legislature, the ordi-
nances Of every municipai council and
tho rules and regulations of every board
Of directors or other governing body, all
the innumerable contracts and agree
ments which arise from the complex rs-
lations ~ commercial and domestic lie.
and every private letter or dispatch. All
remain practically @r.tten In foreign
tongues or 10 the unintellixlbie hero
elyrhics Of buried dialects, carrying
with them no definite significance and
no legal meaning, until translated into
living and legal language 10y the inn
perative Interpretation ot Just or
unjust judge.
When an executive officer, however
high bis station, issues an official man
date Of any nature, the consideration
which 10 VIII receive depends upon there
being some express or implied author
ity FOR il 10 be found 10 legislative acts
or constitutional provision, but the
question as 10 whether there is any such
constitutional or legislative sanction Of
the proposed executive action depends
solely upon the views d the Judicial ar
biters.
When the nato1al congress, or any
other legislative body, sseks 70 regulate
public affairs OF private conduct By tho
provisions Of its duly enacted ordin-
snces IL must lind some warrant for it's
action within the Unite n the constitu-
ton or its enactments viii prove power
less; but whether there is any such
warrant OF Justification within the con
stitution depends entirely upon tho de-
cision ~ some court ~ last resort.
Thus 10 seems that au executive prd
legislative power depends upon tho oal-
cial approval ~ the Judiciary. But bv
whom shall De reviewed. the act.ons u
an appellate OF supreme tribunal
We may question tLe authority o. any
president, governor, mayor or other
person, and We may test the validity Of
any law or order % any legislative body.
but the decisions ~ the supreme courts
Of this country are as absolute as the
mandates of any monarch that ever
graced or disgraeel any throne.
We are nat crlticis.ng Judges nor de
filming their duties, nor are We consider
ing how far they are, NJ ought to be-.
controlled by public opinion, wee are
calling attention 90 The vital difference
between the powers ~ the Judiciary
and those u the executive aud legsla-
tive branches q our government; and