The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-08-17
STATUTES LIKE WHISPERS.
IFrom the washington Post.l

TFrom the Washington Postl
Governor Leedy of Kansas is a great
| improvement on Governor Lewelling of
that state. The present Populist ad-
ministration is not half so affective to
the commonwealth as its only Populist
predecessor. The legislature, at its re-
cent session, left undone most of the
mischief it was billed to do, and really
passed some mea sures that are posi-
lively good. All this shows that even
the Populist party, with its redundant
outfit of wild theories and impractic-
able schemes, is capable of learning in
the school of experience. 1t is possible
that. if the evolutionary progress goes
on without a setback, this party may,
in time, become sufficiently conserva-
tive to be a safe custodian of the high
est trusts and greatest responsible
ties.
But there is one member of the Leedy
administration, to-wit, Mr.. G.. c. Glenn
ems, reporter of the supreme court,
whose views do not appear TO have had
their share in the wholesome change
that has come over the party since the
disgraceful days of Lewelling. This Of
fici-l contributes to PETERS newspaper
an crticle which proves his urgent need
of reconstruction. We all know that
there are many woes in Kansas. in
spite of big crops and high prices, but
it remained for Mr. Clemens to locate
the source of those woes. He has found
it, not in drought or the grasshopper,
nor yet in the gold standard, but in
the federal courts and their interior
ence with state sovereignty. We have
not seen the article in the paper in
which it made it's original appearance,
but as quoted in the New York Sun,
Mr.. Clemens declares that not even
the remonetizatio of silver would save
his state and the other forty-four COM
monwealths. IF all the extortions,' he
says now practiced upon. the people
by railroad compa MES, insurance COM
panies, grain gamblers, and others are
to go unchecked, as they are sure to
do while the federal courts remain to
dominate sovereign states" an increase
in the currency would have the same
effect "as stuffing SO bills into the
pockets of a man being gone through
by an undisturbed highwayman."
The cause of all this infelicity in the
mind of Mr.. Clemens is the interior
ence of a federal court in behalf of GER
tain eastern life insurance companies
that had been forbidden by the Kansas
superintendent of insurance to do bust
ness in that state. Mr.. Clemens does
transcribed its authority, but he is OPP
posed to the existence of any check on
state power What is the use" he
says, "of trying to carry out any re-
forms until we get rid of the federal
courts?' And he goes on to say:
1.-The federal courts, inferior to the
supreme court, are not constitutional
courts, but are creatu of statutes
which any congress can repeal; and
the supreme court gets its power to
overrule state courts from a statute
about two inches long. Repeal these
statutes and a law held good by the
supreme court of state would be
everlastingly good and would have to
be obeyed. Abolish the federal courts;
restore to the states their stolen SOW
ereignty, so that the people may rule
Notwithstanding an unamendable fed
eral constitution This should be the
battle cry of all true reformers and
champions of popular rights in 1907
1t is awfully exasperating that a stat
ute only 1.-TWO inches long, should
stand in the way of reformers. If
that statute We're a foot or fourteen
inches in length, we suspect it would
impress the Kansas supreme court re-
porter far more powerfully. Statutes,
like whiskers, are appraised according
to their length by some of the states
men and philosophers of our time, and
it is not uniting that men who value
laws in that way should contribute to
Mr.. PETERS paper.