The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-27

short article by Chief Justice Walter
Clark in the able Boston Review,
"The Arena for November. 1t is
most. notable contribution. and mer-
its the consideration of every intelli-
gent voter in all this misgoverned and
outraged land. The very important
subiect--one that appeals to the sense
Of justice and honesty of every worthy
and fairly intelligent citizen, for it con-
Germs his rights, his interests. his nd
erties-is '1he Election OF Federal
Judges by the People" 1t is dis
cussed with brevity, terseneSS, and lu-
cidity, and can be easily understand
ed of the people," 1t is made so plain
that perhaps even 1.-The wayfarlng man
though fool may not err therein.
In fifteen years or more, nave read
no little concerning uSurpationS OF Of
ticials. and the deliberate infractions
of the organic law of the land-the
sacred Constitution of our forefatherS.
So reading Mr.. Chief Justice ClarkS
able, most timely and most luminous
paper, / was glad to see how very
forceful and direct was his discussion
of the dangers that Turk in the abuses
and usurpations of Federal Judges.
TO many his plain revelations will be
startling and yet the way was opened
from the foundation of the govern
ment for centralizing movements and
invasions of the rights and liberties of
the People. / was glad to see the most
timely article reprinted in the News
and Observer. But for that, / would
cite few informing and perhaps sur
priSing statements made based on solid
facts. That discussion of one very
able thoroughly informed, and mten-
sely Industrious Chief Justice, should
be read by all the voters in the land.
and should, therefore, be copied into
every newspaper Soundly based and
that is a true friend of a Republican
Democratic form of government.
have not read as important paper
in d monthly publication in years. 1t
is an educator although brief. 1t will
awaken interest, and arouse men who
love liberty and justice and right to
more reSolute, anxious watchfulneSs
lest their opportunities should go, ana
with them their liberties, and all
should become bleak might of mem
cries and sighs," while "a hundred
ours bark down Fame's hum
dred tongues" 1t is a pity and a
shame, that the sons of our dear. great
Southland should stand by with IDLE
hands" while our country suffers. ana
1.-The ancient fame is growing dim.
(Timrod.) 1t should be impossible in
a country like ours, where freemen
} have dwelt, and brave deeds have sig
nalized their devotion to justice. law
and freedom, that wrongs and out
RACES by Judges and Presidents and
Congress should be unchallenged and
unopposed. Enerov. perseverance,
courage, wisdom and union can over
come all uSurpations, and all tyrants
and oppressors. Among an earnest,
resolute and intelligent people, trained
and taught in the school of Liberty |
it cannot be otherwise than that in
cendiaries and usurpers and betray-
ers of the people shall be finally over
thrown, and shall meet their proper /
reward. The original Constitution as
framed and adopted, was well framed |
to open opportunities for designing, |
restless, aspiring men greedy for pow |
err. Chief Justice Clark shows what |
the Constitution was as first set in |
motion, before the Twelve Amend |
ments were added to protect some |
what the People. l must make one
citation from his discussion:
1.-THE Federal Constitution, framed
according to the IDEAS then prevailing
gave to the people the selection of only
one-sixth of the government--the
members of the lower House of Con-
gress.
"a more complete denial of popular
control of the new government could
not have been devised. Hamilton
would have preferred a hereditary
Executive. That would not have been
as efficient for his purposes as an APP
pointive life Judiciary, for we know
that the hereditary executive in Eng
land has not dared to exercise the
Veto-power since the revolution OF
1858, more than two centuries. But
by reason of the power which the Jul
dietary soon bestowed upon them
selves, by construction. or declaring
any statute unconstitutional. the
judges have set aside acts of Congress
'Public opinion, which is the corner
stone of free government, has no place
in the selection or supervision of the
judicial augurs who assume power 10
set aside the will of the people when
declared by Congress and the Exec
utive. Whatever their method of di-
vination, equally with the augurs of
old they are a law to themselves ana
control events. A peoples destiny
should always be in their own hands.
THE Arena" will have a series OF
papers in 1905, on Constructive
Measures to Restore and Preserve a
Government of the People for the
People and by the People, as demand
ed by Democracy 1t says editori-
ally:
THE opening paper in the first or
these series has been prepared for Inc
Arena by the distinguished and schol-
arly writer Chief Justice Walter Clark.
LII D., of the Supreme Bench OF
North Carolina, and deals with one OF
the most important and imperative IS
sues of the hour. A true programme
of progress demands (a) that we re-
turn to the fundamental or bed-rocs
principles of Democracy or popular
government and that at all times our
reform measures shall square with
these principles.
Judge Clark's paper opens this Sc
ries of constitutional and fundamental
discussions in our Programme of
Progress. The author of this paper is
eminently well-ftted for his task. He
has long been regarded as one of the
most unswervingly just jurists in the
South
In the Boston "Arena" for Novem-
Der North Carolina is excellently rep
resented by Chief Justice Walter Clark.
LII. d., and Prof. Archibald Hender
son, Phi. D.. of the University of North
Carolina. Both of these accomplished
and able gentlemen are Alumni of that
famous and growing institution OF
learning. Prof Henderson is a writer
of excellence, is but twenty-seven years
of age, and writes like a veteran in