Daily capital journal. (Salem, Or.) 1896-1899, 1896-02-11
No CONSTITUTIONAL LIMITATION

No CONSTITUTIONAL Llni ~
The recent supreme court decision
virtually settles the location and
building Of the Eastern Oregon asy'
lum mt Union, Oregon. But IL leaves
unsettled the grayer question Of the
constitutional limitations on the
legislature.
The court has held that in spite of
the proyiso ''that all the public
Constitutions of the state, HEREAFTER
'sPRovIDED FOR ny THE LEGIsLA-
.TIvE ASSEMBLY, shall be located at
''the seat of government" state in
stit Itlon that will cost s2jO,0OO com
plete can be located 300 miles from
the seat of government.
The court has furthermore held
that it cannot take Jurisdiction Of a
constitutional limitation, where the
legislature has acted deliberately on a
matter more than merely directing
state officers in their ministerial
duties. This leaves the legislature
practically without restraint by the
court.
The next legislature might move
the seat Of government itself or abol-
isl the supreme court, and the people
would have no redress but to pay the
bills and pay the loss. What were
limitations In the constitution placed
there for II not TO restrain the legis-
lature from doing certain things?
What is the supreme court for but
TO declare conflict Of laws, and declare
when one department OF the govern
ment has exceeded It's prescribed au-
thorityS No one pretends that the
legislature would be authorized to
amend the constitution Itself without
submitting the amendment TO a vote
OF the people. Yet that Is what Is
done by the decision Of the court.
We do not speak OF this matter from
the standpoint OF the interests OF
Union county or Of Marion county.
All men will jealously guard their own
lo,al Interests. But what Is the gov
ernment and the constitution for?
IL Is 10 protect the interests OF all,
not local interests. II the legislature
can override constitutional limita-
tiIns In the interest Of one locality IL
can Of another, and this court decis-
10 a makes the legislature q stlll more
laNless and irresponsible assemblage
than ever, at the mercy OF the cons
binatlons and logrolling, with every
check removed, aud with a special In
centlye TO the boodler, while the court
sits back and declares Il will not inter.
fere.
The well-known principle that "a
stats legislature has all powers that
are not expressly inhibited by the
organic law, and that those Inhibition.
must be closely construed by the
cl.r,s TO protect the people and the
various departments OF government
fro encroaching upon each other, has
been grossly violated and set aside.
None will say this TO offend the
gentlemen OF the court. All believe
they ars conscientious and sincere.
But We cannot subscribe TO their doc
triAe. 10 leaves the constitution
meaningless, and the people without
protection against corrupt legisla-
tlre, The people have no redress,
unless this decision is reversed, but 20
hold a constitutional convention, and
make new constitution that shall be
respected, or they must have the
referendum as the only check upon
reckless legislation. Speaker Moores
SAYS Oregon may never have a better
Il .islature than the last, and II that
4 true the people are with no barrier
b,yesn thtnselvesand selfish politi.