The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-09-02

Convention will follow the example of
other Constitutional Conventions, and
distribute tire power of the state gov
ernment into three separate depart
ments; the executive, Legislative and
judicial 1t is well understood that
the executive department of a state
consists of the Governor, the Attorney
General and other officers whose spec.
OF the laws: and that the legislative
department Of the government con-
sists of legislature, generally divid-
cd into bodies. the senate and house
of representatives In our constitu-
tion we will define the powers of this
department of government. as to the
legislative department We will place
such limitations upon the powers of
the legislature as shall reserve to the
tion affecting the most important mat
ters. We will adopt the principle or
direct legislation commonly called the
initiative and referendum. so far as
practical, but yet not IN such manner
as to impair the essential principles Of
representative state government.
| The executive and legislative dpart-
ments OF government generally attract
more attention than the judiciary de
partment We hear mCye about our gov
ernors and our Legislators than our
judges and our courts but | believe
/ the history of u uT country shows
that the Jurdiciary department has
been the one power in the government
both State and Federal, which has pre-
served and perpetuated the principles
upon which our governments have
been established
! | am a lawyer and my investiga-
tions may make me better informed
upon the usefulness of this branch of
the government than upon others; but
/ desire to point out two cases which
stand as monuments to the glory of
+ The coudrts of the country.
In 1903 Congress passed an Act
which attempted 10 confer upon the
Supreme Court of the United States
jurisdiction which it did not have un-
( der the Constitution. \ case arose
under that Act of Congress, and for
the first time in the case OF Marberry
VS.. Madison, the Supreme Court of the
United States was called upon to set
tie the qustiOn as TO whether or not
an Act of Congress could be declared
unconstitutional by that Court II was
a new question, and vastly important.
II was claimed that the government
was divided into three separate de-
partments, each supreme in itself and
that neither could limit or restrict the
the law 1t was contended that Con-
gress was the judge of its own powers,
and that the Supreme Court had no
right to set aside an Act Of ConT css
by declaring it unconstitutional. 1t
was also cChtenled that if the supreme
Court possessed this power it could
so far limit and restrict Congress as
70 destroy it's usefulness; but the
Court met the situation courageously,
and held that to the judiciary depart
-Hent belonged the duty of ascertain
ing what the law is; that if an Act OF
Congress was in violation of the Con
stitution IL was not the law, and con-
sequently declared the Act of Con
gress in question unconstitutional.
! The decision caused much excitement
at the time But in the course OF the
history of the country the people of all
parties have come 20 believe that
this is one of the most important de-
clsions ever rendered, and established
a principle absolutely necessary to the
not better illustrate the value of this
principle in representative govern
ment than by calling attention 70 the
decision in another case, one of the
Civil Rights cases, whore the Supreme
Court declared an Act of Congress I'M
constitutional.
In 1878 a Republican Congress pass
cd an Act, which provided that all
persons within the jurisdiction of the
United States shall be entitled to the
full and equal enjoyment, accommoda-
tions, advantages, facilities nd privi-
ieges OF inns, public conveyances on
land or water, theatres and othc
places of public amusement. subject
only 20 the conditions of limitations
established by law and applicable
alike to citizens OF every race and col
or regardless of any previous condition
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