People's voice., 1900-10-11
Hoods SarsapariLIa
expels all humors, cures all eruptions, and
builds up the whole system.
Shall We Abolish the Court OF Appeals?

Shall We Abolish the Court OF Appeals?
At the November election the question
will be submitted, Of amending our con,
stitution, increasing the number Of
judges Of the supreme court from three,
as it is now, to seven. If this amend.
ment is adopted, then the court of ap-
peals, which expires by limitation in
January next, will be abolished, and in
lieu OF the present supreme court and
the court of appeals, we will have su.
preme court of seven judges.
The proposed amendment to the con-
stitution provides that if the amendment
is adopted, the governor shall, as soon as
practicable, after the second Monday in
January next appoint four judges who
shall hold their Office until the second
Monday in January 1908. That at the
election of 1902 five judges shall be
elected; one of whom shall hold his
Office for two years, one for four years
and three for six years.
According to this amendment, the
election of 1902 will determine the polit-
ical complexion of the supreme court for
the succeeding four years. If this elec-
tion in the odd year results the same as
every odd year election since 1890, the
amendment will result in turning the
court permanently to the Republicans.
1t would take at least six years before
sufficient changes could take place TO
change the political complexion OF the
court.
At the election OF 1895 Justice Allen, a
Populist, was defeated and Justice Smith,
Republican, was elected in his stead.
This gave the court a Republican major
ity. Since that time the effort of the
legislature to regulate tke charges for
shipping stock and the court of visitation
law, have both been overthrown.
Freights have advanced from fifteen to
twenty per cent, and the people are left
without means of redress. The people
who believe that the railway corporations
of the state should be controlled and
made amenable to law are at present
powerless and will continue to be if the
Republicans carry the legislature and
continue in control of the supreme court.
This amendment to the constitution is
not in the line of the reforms advocated
by tie Peoples Party, but is directly the
opposite. We have constantly urged,
that equitable laws governing corpora
tions enacted BY the legislature, could
only be maintained and put in force by
our having control Of the courts. This
amendment removes the court further
away from the people, and abolishes
what they procured by the establishment
Of the court of appeals. The court Of ap-
peals come nearer to the people and is
in line with the ideas, contended for BY
the Peoples Party. The term of office
is shorter and the judges are elected from
different divisions of the state and are
more nearly in touch with the people.
Whether the intention of the trainers
of the proposed amendment to the con-
stitution was to put the supreme court
under the control Of the corporations of
the state or not, we do not know, but we
do know that no better method
could have been devised to accomplish
it. 1t would be much more in accord
with what the Peoples Party have been
advocating to amend our constitution,
by taking from the supreme court the
power it has arrogated to itself in over
riding the will Of the legislature, and
confne its jurisdiction to what was orig
iHally intended both in the federal and
state constitutions, viz; that the jurisdic-
tion of the court extended only
to the Interpretation of laws as
enacted by congress and by state legisla-
lures, instead Of setting them aside.
Jefferson said, "The assumption Of
power by the courts would ultimately
lead to despotism.p If the almost un-
limited extent to which government by
injunction is being carried and the as
sumption by the courts Of guardianship
Of congress and legislatures has not al
ready established despotism it certainly
is tending that way.
There are no laws either federal or
state in operation which have met the
disapproval of the judges Of the supreme
court Of the United States or our state
supreme court. If the court wishes to
overturn the law, it can always find rea-
sons for so doing, even if they are as So
phistical and lacking in merit as those
given for overturning the court of vista
ton.
1t behooves every citizen of this state,
no matter to what party he belongs, who
believes in government by the people
and for the people and that we ought to
have equitable regulations for the con-
troll OF corporations, to vote down this
proposed amendment. Let us at least
preserve what we have, if We are unable
to make further advance. The voting
down Of this amendment to the constitu-
ton means the permanent continuation
of the court of appeals. If the court of
appeals is continued and the law amend
ed taking away the discretionary power
Of the supreme court to review the de-
cisions of the court Of appeals, our sys-
TEN will be one Of the best yet devised
Commoner.
A., uaMahon hun H.uok. Al -