The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1896-09-16
The Single Tribunal idea Is a Very
Dangerous Doctrine and One
Which Would Place Us
Under the DespOtism of an OIL
garchy-Iudges Are as Honest
As Other Men and Not
More So.


platform which the Republican news
papers Of the country have more fire.
quently misconstrued than another. and
against which much of their venomous
criticism has been directed, it is the one
which relates to federal interference in
local affairs, or moro especially to what
is termed in the platform as govern
ment by injunction. "
No sooner had the platform received
the adoption of the Chicago convention
than the cry was raised by Republican
newspapers in all parts of the country
that the plank in question was delib-
crate fling at the supreme court. 1t was
even charged by some of these jealous
guardians of the nation that the Demo-
cratic party, in adopting the income tax
plank, was aiming at radical change
in the organization of that tribunal.
1t is needless to say that such ridicu-
lous charges as these were inspired by
the demon Of rank political hatred rather
than a patriotic solicitude for the well
fare of the nation. No man of any in
telligence whose familiarity with the
course of judicial proceedings in this
country for the last few years is of such
q character as to enable him to Judge
properly of what the language means
can possibly see anything offensive in
the plank.
That the Democratic party had a
right to enter its protest against arbi-
trary interference by federal authorities
is upheld not only by the spirit of the
I,,N .,1r la, h.
language of Thomas Jefferson himself.
The Sanford Ella Chronicle pub
fishes letter dated Sept. 20, 1891, and
addressed to William O. Jarvis, at that
time editor of the Boston Republican,
in which Mr.. Jefferson makes use of
the following terse and explicit Ian
guage:
"You seem to consider the judges as
the ultimate arbiters of all constitu-
ton" questions, a very dangerous doc
trine, indeed, and one which would
place us under the despotism of an oil
garchy. Our judges are as honest as
other men and not more so. They have,
with others, the same passions for par
ty, for power and the privileges of their
corps. Their maxim is, 'Boni judicis
est omplicare jurisdictionem, and
their power the more dangerous, as
they are in office for life and not respon-
sible, as the other functionaries are,
to the elective control. The constitution
has erected no such single tribunal,
knowing that to whatever hands confid-
ed, with the corruptions of time and
Ylrty, its members would become des-
pots. 1t has more wisely made all the
departments ooequal and cosovereign
within themselves. If the Legislature
fails to pass laws for IA census, for pay
ing the judges and other officers of gov
eminent, for establishing a militia, for
naturalization, as prescribed by the con-
stitution, or if they ;ail to meet in con-
gress, the judges cannot issue their
mandates to them.
Nothing could possibly be more di-
rect than the language in which Mr..
jefferson addresses himself TO this i'm.
portant proposition. Surely if the found
er Of the Democratic party could so ex-
press himself in regard to an evil which
at that time was only threatened or APP
pretended the party itself can enter its
protest based upon similar views when
the evil which Mr.. Jefferson plainly
resaw has already actually occurred.
: t. a time would come when there
Nh inevitably be a clash between
the legislative, judicial and executive
functions of the government, or rather
time when each Of these functions
would, to certain extent, be concen-
trated in one and that the judicial. Mr.
jefferson discerned with that farseeing
craftsmanship which made him ono of
the greatest men Of his day.
Instead of being un-Democratic, there
fore, the plank of the Chicago platform
which has been the subject of greater
abuse, perhaps, than any other, is di-
rectly in accord with the expressed
views of Mr.. jefferson himself.
To quote again the words Of the
great Democrat:
~ know no safe depository of the
ultimate powers Of society but the peo-
pie themselves. and If we think them
not enlightened enough to exercise their
control with a wholesome discretion,
the remedy il not to take il from them,
but TO inform their discretion by edu-
cation"
If the people themselves have not the
right to enter their protest against the
evils of the judiciary. from what quar-
ter can such protest conner
In the clear light which the great
founder of the party throws upon the
Chicago platform. and especially the
plank in question, no one can tIuthfully
hiring the charge that the platform Is
not a plain and outspoken expression OF
genuine Democracy. ATLANTA Consti-
tuition.
An eye-sore, sore eye or two sore