The times., 1897-03-22
An Executive Victory.

II the latest eX-President Of the United
of this country to eschew newspapers al
| together, he will read OF the small but
significant constitutional revolution that
has occurred in the Transvaal republic
with sentiments of asonized envy. 1t is
probable that he has heard OF the distin-
| guisl ed personal president OF the Boer
| country, who once was entitled TO be
called his great and good friend and
who is autocratic and pig-headed enough
TO have been his brother. However that
may be, the South African gentleman N
! question, Mr.. Kruger, Familiarity called
| loom Paul." has scored an executive
triumph over u coordinate branch OF his
thing in the same line achieved during the
Cleveland dictatorship.
The Transyaal High Court OF Judicature,
which answers TO our Supreme Court,
was presumptuous enough to declare un-
constitutional some OF the laws passed
10y the Boer congress which President
Kruger had on, and completely in, his
hands. Upon this he at once proceeded
to protect the executive and legislative
power by having a law enacted, interest
ing and unique enough TO Justify repro
duction of its chief beauties:
Article /. AS long as the people, to the
satisfaction Of the First VolkSraad, do
not intimate that they desire to alter the
existing conditions, the existing and still
to be promulgated laws and Volksraad
resolutions shall be acknowledged anG re-
Spected by the judicial bench in accord
ance with article so, of the constitution
of $50, and the bench will not have the
power To refuse to apply law or Volks-
raad resolution because that law or reSo-
luton, in the opinion of the judges, is
contrary to the constitution in form or
contents. The judicature shall not have
the right to arrogate to themselves the
so-called (Toetsingsrechtl testing right.
Article 2. The Judges, the Ianddrosts
and other members of the tudicature shall
in future, before taking office, take the
following oath:
Il promise and solemnly swear fealty
to the people and the laws of the republic,
and in my position to act justly, ire
Spectiye OF persons, in accordance with
the laws and Volksraad resolutions. and
TO the best Of my ability; not TO arrogate
TO myself the sG-called testing right: To
receive no favor or gift from any person
when ! consider that it is given with a
view of influencing me and my judgment:
outside of my position of judge to obey
according to law the commands of those
placed above me- and in general to aim
at nothing more than the carrying out of
the law. Justice and order, to the adj
vancement of the state and the welfare
and independence of the state and people,
so help me God.
Article 3 The Judge who does not act
in accordance with article l of this law
shall be considered as having made him
self guilty Of breach OF office as intended
in article 80, Of the constitution of 1896.
Article 4. His honor, the state president,
is hereby empowered to. ask the president
and members of the bench whether they
consider 1t to be in accordance with their
oaths to pronounce judgment according to
the existing and hereafter-tO- be-promul-
gated laws and Volksraad resolutions, and
not TO arrogate to themselves the so-called
testing right, and his honor is further alI-
thorized to remove from office those mem
bers from whom he receives a reply in !
the negative. or, in his opiuion. an I'm salts
factory reply, or one who does not reply
within the stipulated time.
The High Court was eXcusable in not
fancying this piece of legislation, and
would have liked to declare it contrary
to the constitution. 1t was conscious of
the legal right to do so, but equally of |
being physically afraid to attempt any, |
e"hS Va VIC aihu- 80, III iupooeno fiSe,
it shut up shop and went home. Now it |
is announced that the chief justice and |
his associates have concluded to submit |
and take their medicine. and never again |
to take any but the executive view OF
what is constitutional and what is not
How much happier the late Administra-
tion would have been if something like
that could have been done to an unruly
and obstructive Senatei