New-York tribune., 1905-06-08

old as the government IT is not radical but & basic sic
principle Of the and n 1t we bear IN
nina what have persistenty epha sizea.,that the
aPs Ssa aohng 10 do Is RHSfh s
Siduai or private discretion Of tho courts
PRESIDENTS DISCRETION APPLIED to
PRACTICAL POLITICS.
Third-Having defined its Jurisdiction and analyzsa .1
nature let qs next sonsaer the e aspaaents
else Of the have eaeh its sphere q action
Il ks cur Ps0sfs reSoivns they pursue
t eber orbits b ons lns its
THE Constitution presohes the orn ad M Jsoe
is the spR Of s.ssaS. sss RStasd sad
the Court OF Appeals has explained IN ssery 81 ,an
en- enoes wsf the 0e action Of another strictly within
its ss Rus spheres rRhs sas he o
Operating = as r. SsssEaint q 1 upon
'hs It foows ut that hat Il each deparsnt pursued its
@ r sna perfect snd
faith conflicts would be Impossible. and 1sr fo
fians With the celestial harmony Of the solar sys-
tenn But the agents OF ase ars eon
stanty invading each Others sphere the peFfee. s
OF be al soence Of practical
| ment is to reconcile such conflicts
HIERARCHY OF DEPARTMENTS.
In every government there must It be fns s1Te
ton of authority some herspehy M @ OF ppenoneation
r all departments OF equal authority WITH
no rule he OF cPnos Confuson worse
Milton has IT. umae the 1sa State sovePegnty Of
Toobs and Yancey, not government but anarchy
being Sfae Df saSsreEn dspsrt
nU ments It follows that there must be an order Of
9egenlt 9Separtment up TO the highest
prrFs GOVERNING CONFLICTING DIscRE-
TION.
As Newton formulated the general laws & Of grsyi- as
Zeuler the solar system, with oe1el-
ence because it is the first attempt In our 1nr1ss
gs. Every Ssr sona 0f Dfdies.
ton that possibly arise between T the m 3epart
enfs enfs Gl uSs Sef take rank proportion they
slssSs the peia to sGoq higher and @
denartment is solely for the higher TO determine.
- ~, e-s+ rule is: Departments must take
rank in proportion they promote the common
chief sdos end Of bsSy Po
coSeaants saosE With eGaRa9 ss
the whole Ps9piS fo2 The 'ea1 good s O.
20 The OF the e1m9aef ssfs ths s aS
for the ns T. is that its
1hs slarns 6i thsn n! the the
Shs, End dr os frsssE
partments. AS they Obviously n osr nr rovernmenta t
Se9aIeggy N What more perfect test can be apple
than their asty that s9 promotes the highest
. sood 1aanst rank highest IN our hierarchy ana
( graded as the head of the government.
E sALus PoPULi sUPRBMA LEX.
The preservation of the Eepupnc ls sns ms,,e
common good When this Republic was Organizes
the interior motive may have been TO secure Tn
interest individual citizens oy tnutuai proe1u on
fion. but 70 do SO they had to organize soeety an
10 protect society they had to organize the ftePuo
lie The inte gritty independence ~eI,are aiio ssiss
: i'm short the preservation of the Repupiic tnele
= fore before the protection Oh plisa'ne
or even 2. sstE sSssy Of as the people is
: said Mr. Justice johnson g Wheat 20 10 p[ese.. pres
'S5 the Republic higher good tnan 70 pfese.ns =,
;. | social structure TO preserve sogey AZ W
higher than to protect individual rights IL IS 20
y highest common good The department. Of our goN
- ernment therefore. 10 which the Coflsutuoil ,s m
- granted the power and discretion 10 preselSe ~
- Republic itself must be its highest department,
IL must rank at the head of political hierarohl
4, and the discretion exercised by TX must DC III
AZ supreme discretion of the government a.,
~ The great sovereignties required 10 pfesefse =,
le Republic not ipsssimis verbs granted IN IN
y Constitution But as have shown elsewhere ins ~
e Constitution and particularly by his once anu o
10 all to be administered according 10 his sole discs
n ton Involving they do the integrity. ind
20 pendence. welfare safety, In short the per Pe
,e President the highest powers and dsereuoh Oh I.
e, government. and the highest capacity to promo
y the common good, thereby placing him tncontes
ably at the head of our political hierarchy.
{, THE SECOND RULE.
sb (2l NV second rule is: A lower department niu
10 | always yield TO higher. 80
Jefferson stated the early doctrine OF the depar
TO ments: My construction of the Constitution
I. that each department is truly independent CT u
ct others and has equal right TO decide for ftse
er ! what meaning OF the Constitution In II
10 cares .ublntted to its action Each o. q