The advocate., 1897-06-09
Topeka, KANSAS, JUNE 8, 1897.

OF rushing to the courts with some plea
Of persecution and demanding immunity
from the restraint imposed. So fire.
quently do the courts yield that this
government of delegated legislative
power is being Wsurped by judiciary as
the final and supreme authority, sitting
in censorship and correction over the
other branches of the government. This
heresy is likely TO endanger the organic
political system. Reference is then made
to the fact that in this State, four years
ago, the courts assumed to decide who
were qualified to sit as members Of the
Legislature. About the same time a
Probate Judge had the temerity to issue
an order restraining the Governor,
commander.in.c chief of the militia, from
mastering out a military company, and
the Supreme Court had in that case
rested it's denial of the right to enforce
such action on statutory construction
instead Of upon the clear ground OF
distinction between the coordinate
branches Of the government Similar in
stances are constantly occurring in the
State and Federal Courts, and it ia the
imperative duty Of the judiciary to dis
aVow in emphatic terms the eXtravagant
measures of authority Rscribed to IT,,
Accumulated precedent has established
the right Of the court to sit in judgment
upon the acts of the Legislature III
such we're not the case he would have
no hesitation in denying the existence of
the jurisdiction assumed. Attention is
then called to the fact that in the Con-
stitutional Convention in 1887 the ques-
tion Of whether such power was given by
the constitution was several times de-
cided in the negative, the objections
being summed up by Mr.. Dickinson in
the following observation: "The
judiciary of Aragon became by degrees
the law-giver." Leaving out for the
moment the people in their primary
capacity as the fountain Of power, and
looking only at the source from which it
directly proceeds, it is perceived that
power resides alone in the legislative
body. In a National sense it Is the only
tribunal to which primary power has
been confided. All other powers are of
secondary delegation from it. 1t is only
because law cannot be made self-eXecut-
ing that Legislatures create an agency for
it's vindication. Among che divisions Of
government analytically considered there
is no such thing as judicial power. What
we call by that name is function OF
executive power merely. 1t has been
customary to consider government under
three distinct general heads: legislative,
executive and judicial, but there are
really but two divisions, legislative and
executive. Courts are but instrumen.
tRlities Of executive power. He does not
believe that it was the intention
of the masters Of political science
to invert the order Of nature by
eIevating the agent above the principal.
"We are invested with no power Of cor
rection Of the education, manners or
morals OF the legislative branch. The
people, in their sovereign capacity, have
conferred upon that branch legislative
power, and whatever that is itmay freely
exercise. What is legislative power?
Primarily and principally it is the power
TO declare rules Of action for the govern
ment Of the constituency, and, incident
ally, to acquire information necessary to
the discharge Of it's duty and TO adopt
and enforce rules of procedure in the
conduct Of its business.
"Thst the appointment ofcommittees,
such as the one in question, and the
designation of q subject matter of in.
quiry by concurrent resolution, is an
appropriate and constitutional exercise
Of power, is not denied; ia fact, it ia con-
ceded, as / understand. The court
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