The Topeka state journal., 1897-06-12
SEVERE ON TIE COURTS.
representative Keefer "Views the
Situation With AIarm"-Wants
Referendum.


To the Editor of The State Journal:
The recent decision of the supreme
court of this state with reference to
the legislative Investigating committee
has been awaited with much interest
by the writer Che of bad memory, and
now that he will likely not have an
other opportunity TO more fully answer
some of the criticisms and misrepre-
SentatOnS, he addresses himself to the
public through the columns of a paper
that is ever growing closer to the peo-
pie.
One may do and say many things for
the good of society if he feels that COM
munity or organic body capable of sus-
tanning him. but when he knows that
martyrdom is the only reward, few peo-
pie of modest means (Who have on the
other hand to contemplate those who
have to depend upon his energies and
the little savings of a life struggle fritz
tered away in the mesheS of technical
laW) will risk it. The power of money
has succeeded all others. The chief
ambition of nearly all legal aim is to be
retained at large salaries by corpora
tons to whom they have been willing
at some time to render decided SerV-
ice; and no matter who or what inter
ests are sacrificed, the selfshness of
man seems to sink every other conSid-
Grafton. Present systems and condi-
tlOnS encourage this. Before witnesses
should be compelled to answer cOmprO-
missing questions the law should protect
or guarantee them from vicious attacks
ny corporate powers. unless statements
by witnesses can be positively shown
to be based upon malice-WithOut any
foundation of truth. The decision of
our court in the Davis case shows only
too plainly the truth of Justice Dos
ter's Opinion-that the courts have
usurped the power of legislative bodies,
and the writer here restates what he
did before the Legislature on March 10,
that the people will never gain relief
through delegated assemblies" Let
the people vote a law direct and I as
sumo very few will admit of a court
with nerve enough to hide behind a
technical point, even if it be a consti-
tutiOnal one and backed by precedence
from Rome down The only persons
who do not feel that courts have usurp-
ed to themselves powers that were
never conferred upon them is the
''laissez faire" class, who, by continual
batteries of a substantial kind, have
as even Jefferson in his day asserted,
made what the trainers of the cOnSti-
ton considered (the judiciary the least
Objectionable branch of government
the most objectiona Bile, which is mining
and sapping the constitution itself"
To the student of history and the
science of governments, the results of
the recent investigation, and in fact
all effective legislation by the last as
sembly, these plain truths are most po-
tent:
F'irst-That as courts are now con-
structed, with precedents enough to
overthrow all work attempted by dele
gated powers, legislatures nave become
subserVient to the courts they have
created; one or the other must there
fore be a useless arm of the govern
ment and its expense worse than bur
densOme- The recent decision of the
United States supreme court in the
Searles- -Favemeyer case in defeating
the investigation of the United States
senate is a striking example.
Second-That before effective investi-
cations can be had and guilt punish
ed, legislatures must be the sole judges
of their actions and findings. They
alone are responsible direct to the peo-
pie.
Third-'Self preservation is the first
law of nature" That which menaces
liberty of thought and expression and
masks truth is a common danger, and
whenever courts assume the role of die
tatorship they are in danger from their
own acts and may expect the allied
forces of justice loving people to unite
for their overthrow.
Fourth-That the time is very short
for the masses to assume control of
their rights before 1.-The man on horse
back appears to assume a new and
different dictatorship.
HORACE ANDREW KEEFER.
Wallula, Jefferson County, Kan,
June Z 1897.