The San Francisco call., 1899-09-17
THE SUPREME COURT.

and reasonable men who opposed the charter see in
this very necessary policy. To start city govern
ment a fundamental law in uncertainty OF Its
constitutionality would of necessity cripple admin
straton and nuly the reformatory object TOR which
the charter was made When new constitutions are
made for States, under legislative provision and by
the act of a solemn convention, ratified by the peo-
pie and established in the ballot-box, they are still
subject judicial consideration, and if they fail to
square with the Federal constitution in any partlcu
lar they to that extent set aside by the courts
So also if the process OF their construction there
have been substantial failures in complying with the
law providing for amendment substitution, the
courts detect such failure in time to prevent the re-
organization Of government upon an Invalid tounda-
ton
The new charter Of this city makes wide and acute
changes in administration honestly intended to better
it and to be in the public interest While opinions
may differ as to their competency to secure the end
in view there is no difference in the ascription OF
virtuous intention in the instrument itself, therein
rejecting the public spirit and good purpose OF its
trainers.
1t is before the final court to receive its Judgment
in all particulars that go its validity as the organic
law of great city. When that judgment is pro-
nounced our people will show forth their good citi-
zenship by cheerful acquiescence. While this spirit
is abroad and controls the purpose of the masses OF
our people the Examiner is pursuing course cal
cuated to dilute and weaken the effect of favorable
decision by raising the presumption that the court
can be must be influenced in such decision by
staggering threats and the fear OF popular execra
ton.
Falsely creating a condition that does exist that
paper begins by saying that 'busybodes who assume
to speak for the Supreme Court on the outside are
the streets whispering intmations that the court
is preparing set aside the San Francisco charter
Having by falsehood laid foundation, the Exam
iner proceeds to say: The Supreme Court will not
dare to set aside the results OF popular election hon
estly conducted as every knows the charter and
Freeholder elections were conducted. 1t the will
OF the people openly and honestly declared. No, the
Supreme Court will not throw out the charter.
There are limits beyond which who mean to live
in California will not care to go
Installing pretext by fasehood, the Examiner pro-
ceeds to misrepresent the legal points involved
suing that the case turns upon the honesty OF two
elections and that the court will not dare" to
aside the charter or any part of it. because it the
result OF a popular election! That is to say that
though the charter might contravene, directly, pro
visions in the State or Federal constitution, though
il might deprive any OF rights entrenched in
those instruments, the Supreme Court will not dare
to say so because the Examiner will hereupon make
The history OF American journalism affords
more fragrant interference with the independence and
authority OF court than this.
II the mere fact of adoption of an organic act or
fundamental law by popular vote puts the instru-
ment where dare not interpret it, system
OF government is end Then State constitutions
may nuify the Federal constitution, to be in turn
nuihed themselves by the charters OF their sub
ordinate municipalities and symmetry and order will
disappear and popular liberty and the rights OF per
son and property will follow The attitude of the
Examiner then, is strictly revolutionary and sets up
a rule OF action that ends all stability in government
1t would make the administration OF American
State as wul and uncertain that of the turbulent
countries OF Central and South America, and far less
orderly than the aboriginal government OF Indian
tribe. Under the pretense OF devotion to good gov
ernment it proposes an intolerable system destruc
tive OF all government. Worst OF ALL it shadows and
dlutes a decision favorable to the charter with the
idea that the did dare decide otherwise for
fear of an outbreak which would exile its members
from the State or outlaw them within its borders
The Examiner cannot now support the validity OF
the charter if affirmed by the court, the ground
that such affirmation speaks the judicial mind and i,
derived by application of the rules of legal interpre
ation but because the judgment utters only the fear
of the court and is rendered under threat and moral
duress
We put the calmly to lawyers and laymen
alike and ask them to consider the consequences Of
such judicial rule the Examiner proposes insti
tue 1t is simply subversive of society and its insti
tutons. II acted upon if there arise suspicion
that a court is subject to it. chaos takes the place OF
law and confusion substitutes system. All this
State and organizations working together
for the greatenng OF materalities Our attractive
phyactery spread like banner of enterprise to lure
thrifty population to and put its property and
its profits under the shelter Of Our laws and the pro-
lection of courts. But what prudent will
subject his family and his gains to the annhilaton Of
rights which must everywhere closely follow the pol
icy by which the Examiner proposes to abolish ju-
dical protection and independence and substitute
them with dynamite and the bludgeon?
We are painfully aware of the effect of such publ
cation upon certain unthinking elements and ndi-
vidual minds. The thoughtless have ever been the
benefciaries of the thoughtful to whom the world
owes the careful and majestic architecture of that