The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1904-12-29

| @ - N1bStANts FitNt0thA VI CH-
croaehment upon sacred human
rights.
The election In that state Involves
the principle OF majoriy rule, which
las never been put In jeopardy before
In any civilized government other
than an absolute monarchy.
This principle is the recognized
foundation OF all constitutional
governments. There Is much more
at stake In this instance than the
mere political control of state. 1t
Is contest OF plutocracy against
democracy. II that packed court
establishes the precedent OF Law that
majority vote can be set aside our
republicanism Is lost for all time !:
and the United States at once be-
comes an empire and the judiciary
Is the ruling force OF authority.
The most sacred questions OF hu-
man tights have been at stake In this
Colorad oconiict from the institution
OF Peabodyism and the abolishment
OF trial by jury for government by
military force aud court injunctions.
The goddess OF liberty lay shackled
for the assailants, with only hope OF
rescue by the army OF voters. The bat
tie OF ballots was won against the
party that was entrencbed In power,
and the military was dispersed by
this popular condemnation; but the
court has usurped the authority TO
abroeate the will of the majority.
III there Is power vested In a court
TO set aside one ycte that is not
proven 10 be fraudulent our govern
mental structure Is a delusion. The
supreme court Of Colorado makes no
pre- ense Of having proven that ali
the votes OF the Denver precincts
which IL has thrown out were fraud I.
ulent. 1t makes no pretense OF prov
Ing that sufficient number were
Illegal TO have changed the result of
the election In any particular. Then
the principle applies, and Is made n
far-reaching precedent that a court
can set aside an honest majority, and
declare candidate defeated who re-
ceIyeda majority Of legal votes.
This important ruling is based
upon evidence, that at least has not
been weighed by jury. 1t Is simply
an edict OF partisan court and the
precedent establishes only the legal
principle OF the right OF the judiciary
TO over rule the voters. There can be
no logical limit 10 this power. The
king OF England is circumscribed In
his power, hut court OF state Is
supreme In this monarchy of ours.
No, there Is manifest one power
that is above the courts. or all the
innovations that are marked step by
step by injunction and edicts with.
out jury trial, there Is not one that
is not on the side of wealth IN some
contest against human rights. There
is then one power that is above the
courts OF the country.
Colorado has been made battle
ground for the determination OF
governing principle for the whole
country. The most bitter battle
between capital and labor that was
ever fought has Isged IN that state
for many months. The republican
party and the federal government was
committed 10 the interests OF the
trusts, and the triumph OF human
rights at the polls was the greatest
rebuked these combined forces had
ever received The triumph Of the
common people In conflict for these
vital interests. at this time would
have had far-reaching effect. The
laborers would have learned to use
the ballot 10 correct their wrongs II
1t were demonstrated that there were
no appeal from the majority rule.
II this precedent only applied to
Colorado IL would not concern the
public so much. Our system OF lur-
isprudence Is so linked together that
this precedent will becomes law OF
the land unless 1t can be revoked by
higher court on appeal. We have
been accustomed to say that the
court Of the ballots would repeal OBJ
jectionable laws but this Law abolishes
the court o' the ballots as tribunal
OF last resort and places a usurper
upon a tLroDe that cannot be i'm
peacbed.
Newton Hibts.