The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-07-01
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concluded from Page IL
as the courts rewrites the constitution to
say that there shall be none unless the
court think they are necessary, thus
making itself part Of the legislative
branch of the government.
Cause for Regret.
A minority of the court in the past hae
sometimes dissented from the result In
given case, but never until now mas
it been openly said that the basis of their
dissent is a doubt as TO the decision In
Wheeler VS.. Philadelphia. 1t is to be re-
gretted as to two of the justices who
have been long upon the bench, that
their doubt, which they now say has al
ways existed, did not find earlier express
sion. Such step when first taken in a
political case always leads to covert in
sinuation and sneers, however upright
the judge may be; and this, with the In
evitable retort, tends to discredit the de-
cison and good faith alike of it's judicial
friends and opponents. 1t is still more
to be regretted that the counties, wards,
boroughs, townships and school districts.
which are placed in the constitution in
precisely the same connection as cities,
are not treated by the courts in precisely
the same way. The only possible eX-
planation is that it does not seem to
think the same necessity exists with them
as with cities; a conclusion, as already
pointed out, as vicious as it is illogical in
that it requires the court to pass from
it's proper sphere to mix, in a creative
sense, in legislative and therefore political
matters. 1t may not be an overly polite
way of saying it, but it is none the less
true, in effect, that by these decisions the
Supreme court says to the legislature:
We will approve your evading of the con-
sttution. provided you only evade 1t
when and as we think it should be
.evaded.
What the result of this conflict be-
tween the court and the constitution
shall be time alone can tell. Already
the peoples representatives have been
drawn away from the true function of
legislation to the point of successfully
striving by this unconstitutional means to
obtain temporary political advantage. If
it is not stopped the attempt will natur-
ally be repeated. 1t is said also, but SO
far as I am aware without proof, that
bribery has been the accompaniment of
such legislation. Right or wrong, many
will believe this, and such belief by the
many works incaclulable injury to the
cause of liberty and good government.
No Man Can See the End.
Under the view now taken by the Su-
preme court no man can see the end, un-
Ness the court reverses itself, or the peo-
PIE by constitutional amendment inter-
pose an effectual bar. If cities and coun-
ties may be classified according to popu-
lation, SO Of course may wards, bo-
roughs, townships and school districts.
If townships may be classified according
to density of population, so may cities,
counties, wards boroughs and school dis
tricts.
Turn as we may in considering this
question we cannot but conclude that
thus saith the law" has no relevancy
to this section of the fundamental law,
and the rule that constitutions are to re-
ceive common sense Interpretation, such
as the common people who adopt them
would naturally place upon them, has
fallen upon evil times.
1t has often been said, and is commonly
agreed to, that warning political parties
are necessary to free government. With
this statement l have never been in en-
tire accord, but this is neither the time
or place to discuss whether or not parties
which always hamper individual freedom
of action conduce to collective freedom,
in view of the fact that the whole cannot
be greater than the sum of all its parts.
1t is sufficient for present purposes that
parties always have and do now exist
and are most potent factors to be dealt
with in legislative halls and elsewhere
1t ever has BEEN perhaps ever will be,
that the vast majority of the legislature
will be party men, eager to take every
honest advantage to further their party
interests. and never effectually control
except by a constitution upheld by the
courts. 1t is too much to hope that they
will ever miss an opportunity to enforce
even n temporary advantage. 1t Is be-
yond belief that many will be able to look
far enough ahead to know that 'he
serves his party best who serves his
country best The members of the leg
islature ought to enforce the letter and
spirit of article of the constitution, de-
spite the Supreme courts decisions. but
to party men the argument that the court
says 1t is all right Is too potent to be ig-
nored.
Unrest Plainly Seen.
He takes but little heed OF the times
who does not know that the day is not
far distant when a new constitutional
convention will meet in this state. The
unrest of the people is plainly to be
seen, and this act and decision will but
aggravate It, On an average with us a
constitutional convention meets every
thirty-two years, 1t is now twenty nine
years since the last one. and everywhere
the need of another is being considered.
When 1T does meet what shall be done
on this subject? Shall we retrace our
steps and suffer again the sorrows and
shame of the years preceding 1874? Is it
true as the majority says In the Ripper
case that by the present constitution,
"the people voluntarily tied their own
hands in the persons of their legislative
agents by binding code of particulars
and details which stand in the way of
much Just, desirable and necessary legis-
lation?' or Is that simply the antagonists
not only without particulars to back 1t
up, but in direct opposition to the facts
as any reasonably careful study will dem
onstrate?
Happily and this Is the disguised bless
ing In the Ripper act and the decisions
- :.