The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-02-09
The Larger Question.

scured the larger questions that under
lie the conflicting claims Of the advo-
Gates Of Taylor and Goebel. Sooner OF
later 1t is to these that the people must
return II they are not to abandon the
fern Of government adopted for this
country and fundamental law that has
prevailed and must prevail in the ma
ton and In every state.
In the constitution OF the United
States and in that Of all the states of
the Union, the first provision is that all
authority shall be vested in three de-
partments; the executive, the Iegisla-
tive ana the judicial; and that these de-
partments shall be absolutely indepen-
dent of one another. The executive shall
have no power to control the action Of
the legislature or overawe the courts.
The legislature may not choose gov
ernor or remove judge excepting only
through the process OF impeachment
for crimes and misdemeanors. The
courts cannot reach the governor or the
members OF the legislature except as in
dividuals. and for such breaches of the
rlaw al would subject any other citizen
to indictment and trial They can re-
view and pass upon laws. 1t is true. but
they can set these aside only upon one
ground. A statute Is declared invalid
not because II happens to be unpleasing
to the bench. but because II is In vio-
lrtion Of some specific provision of the
constitution. Unless a court can make
that appear, II Is obliged to uphold q
law that II may believe to be vicious in
all particulars.
This division OF political power, as we
have said. il fundamental. 1t Is the
first principle OF the American system
Of government. Elaborate safeguards
are provided to prevent an encroachment
by any one OF the three departments
upon the powers, rights or privileges Of
either of the others. Such interference
is arbitrary usurpation. 1t is a clear
act OF revolution. because II overthrows
the scheme OF government adopted by
the people themselves. first through a
constitutional convention and afterward
by the ballot when they ratify that con-
vention's work. II destroys all balance
OF power; because. II one OF the three
departments can absorb or override
another, II then Possesses the united
functions OF both and presently grows
supreme In the state. Such an attempt
aims at oligarchy. and its success II rev.
oiution exactly as II a man were to de-
clare himself dictator and forbid any
elections to be held during his life.
Now this Is what has happened In
Kentucky. To the people belongs, con-
stitutionaliy. the right of choosing their
governor. They may. and great part
OF the time do, elect legislature of op-
posing political opinions. The governor
cannot recognize the minority in SYM
pathy with him as the legislature and
refuse To deal with the majority The
majority In the legislature cannot I'M
seat the governor They are lndepen-
dent representatives Of the people. and
must tolerate and compromise. The ar
rangement has worked fairly we'll To
set II aside IL revolution.
Let is be remembered that there can
be no question as 20 the facts. Tay-
lor's election was established beyond at
tack The votes were counted under a
law that gave 20 the Democratic cleo
tlon boards every advantage. The re-
turns were canvassed BY a state board
Of three members. all Of whom were ia
vorahle TO Goebei. Two % the three
certified that Taylor was elected on the
face OF the returns. His popular title
TO office Is absolutely complete. To TIM
pair II. II was necessary FIRST 20 trump
up contest on the ground that the mil
itary interfered at the polls. because
some companies were eneampea on
grounds distant from any voting booth
though none appeared At any polling
place. II was necessary. further. to
have this absurd issue decided favor
ably to Goebei by legislative committees
chosen hy manipulated lotteries, and TO
supper, IL by a solid party vote.
We are not now considering anything
that happened subsequent 70 these acts
Let us condemn heartily alike the APP
pearance OF armed men at Frankfort.
the shooting Of Goebsl. the declaration
Of martial law and the Illegal proceed
inEs Of the adjourned legislature. Let