The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-05-19
AMAZING IDIOCY.

handing that the power OF review OF
Federal legislative Acts be taken from
the Federal Courts and that such courts
be prohibited from annulling amy Act
of Congress, except by concurrence of
the people by referendum vote"
II is astounding that any body of SEN
sibIe men, or half sensible intelligences,
could with elaboration and afore-
: thought pledge themselves to such
nnonstrous and idiotic proposition as
that. Talk about Capitalization of
power in the courts? The centraliza-
ton of power in Congress on the adop-
ton of such a scheme would be moth
ing short of autocracy and despotism.
Did these Populists reflect at all upon
what they were declaring, and upon the
full meaning of their absurd plank?
We wish to doubt it, for the sake of
common charity, and out Of regard, for
our fellowmen.
Our Government consists Of certain
essential branches, the legislative judi
cial and executive. They are compile
1nents of each other and are checks
upon each other. The legislative cannot,
save under certain conditions, act with
out the consent of the executive, and
neither can act in contravention of the
fundamental law, the Interpretation and
guard over which is committed to the
judiciary. Now strike down the latter
and at once all constitutional restraint
is removed, and we cease to be consti-
tutional Government.
To the courts is committed the inter-
probation of the laws as they read, and
as their plain and obvious intent is.
This is necessary since all laws by Act
of Congress, or existing under common
usage, or by reason of acceptance Of
the common or unwritten law, must be
construed and interpreted with all other
existing laws relating to the same sub
ject matter. If this were not so, we
would have interrninable confusion and
all manner of conflicting enactments
and the result would be something next
door TO chaos.
There must be some authority there
fore, to apply the usual rules of inter
probation to a measure to ascertain
what is the intent Of the legislator
whenever It is disputed or IN doubt.
There must be some authority to check
the Legislature and hold it within the
limits Of its granted powers, derived
from the Constitution which is the Or
ganic law, springing from the people,
and representing the rights they have
surrendered the better TO preserve
others.
To interpret the Federal laws and
guard the Federal Constitution there
must be Federal Judiciary It is the
creature of the Constitution, and it's
character and jurisdictions are deter
mined by the legislative body to a GER
tain extent as directed by the organic
law. Now for this wise system, which
has proved SO valuable a check upon as
sailants making against the Consdtu-
ton and human rights under it, the
Populists would substitute the unre-
strained will of the legislative body,
since it has the power to put aside the
desires.
But we are told that 1t provides that
this supreme power shall be conferred
upon Congress only under the stipula-
ton that if sthe people by referendum
vote sustain the court, then the decree
Of the Federal tribunal shall prevail
What wonderfully wise and far-seeing
provision to be sure. Think of submit
ting to the vote Of the millions Of the
people grave and intricate ques-
tons of Constitutional law, involved
problems of legislation relating to the
adjustment of rights under the common
law and the Constitution. Think Of
human rights awaiting that long pro-
cess for adjustment. Think of even
submitting one-hun dredth part of the
questions that arise involving constitu-
islation to q. popular vote. Were it al
all possible 1t would work" and move
toward justice only upon every voter
being well read, versed and experienced
in the science of law and government
and the history Of law from the dawn OF
time
Suppose for one moment the scheme
OF the plank to prevail and the Consti-
ton being thrust aside that the liberty
Of a citizen is at issue The courts would
have no power to protect him and throw
about him the shield of the law until the
matter had been submitted to the vote
of the people of the United States Then
suppose Congress refused to put IN mo-
ton the machinery for such submission
The courts having no power to inter
vene. the executive being powerless be-
fore this all powerful legislature. what
sn ho.ven's name would follow?
Err really the idea Is too chinerical
silly ssl szssss1tssy idiotic to be worthy
~ ssTf9ss consideration. We pardon
ourselves FOR taking 1t up solely because
4 10 sssot . rasnstrous curiosity, and be-
caNBs Il serves TO illustrate how other.
VIZ good rasn may be led into declaring
agn1mDt tAeir own liberties, by the spe.
&C., ooundanG OF words, the subtle rea.
$500 - Anarchists and radical social
- nnd - rhapsodical theorizing OF
&o01MH 1ends and noodles.