The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-09-01
THE COURTS AGAIN.

We don't wonder that the Populists
OF Kansas are talking of relinquishing
the battle on free silver for time. and
making their fight upon the question of
the aggressions of the courts upon the
rights of the people.
This is growing to be a tremendous
evil. 1t does not seem possible for the
cltlzens to resolve upon any reforms and
pass them through their legislatures
that they are not wiped from the statute
book by some petty Judge, who the other
day probably was conducting $500 suits
in justice court. We quote the follow
ing from the Mound City, Kas., Stand
ard, Populist paper:
When the law exempting from taxation
$500 of improvements and $500 of personal
property was pending in the legislature
OF the state of Washington last winter all
the leadlng lawyers said it was certainly
constitutional. About two-thirds of the
land values Of Washington are owned nv
specuiators mostly non-residents, whose
taxes would be increased by such exemp-
ton of the fruits and industry. so mes
sure-the pressure of great wealth-was
brought to bear on the supreme court Of
the state, and it decided the exemntion
unconstitutional 1t also decided the old
law, IN force for years. by which $500 to
each head of family was exempt TO ha
unconstitutional. The court held that even
the clothing on the back was not exemDt
and that assessors had the right to ex-
anime and see If the undershrts drawers
etc, worn by men and women were Of
cotton. wool or silk and assess thorn
accordingly-at least this is the interpreta-
ton made by the encouragement to the
assessors.
This decision has at least the merit Of
consistency, though there's nothing in the
text in the constitution Of Washington To
Justify it. The people of the state were
practically unanimous for the new law
and are very hot in the collar over the
decision. Fortunately the same legisla-
ture submitted constitutional amendment
to be voted on in 1898 for local option in
tsSation, and it is sure to carry.
We have an exemption law both Of
real and personal property in Minneso-
ia; but if this thing is to 20 on, how
long will it be before some court will
declare it unconstitutional? In some
European countries the creditor can
take the bed out from under the sick
man and take all his clothes except
enough to cover his nakedness. The de-
cision of this Washington judge would
bring matters to the same condition
here. In fact, there is no limit to the
possible aggressions Of the judiciary. At
the free silver convention held a few
years since in Chicago, we were the first
to call attention to these aggressicns Of
the courts, and to point out the dangers
that might follow from them We hope
every Populist convention county, state
and national, which meets hereafter.
will declare that the will of the people.
as expressed by their law making power,
Is the highest authority possible; and
that if any law is in conflict with the
constitution, it is better that it should
stand until the people themselves reject
or amend it, than to give the absolute
and final power of the country into the
hands of the few tudges-too often Sc
lected by the plutocracy of the land.
1t is a grave and solemn matter, and
it must not be forgotten as an addition
al argument in favor OF the referendum
that it would do away with this whole
business. For if the important laws,