Bismarck daily tribune., 1908-09-24

the rights OF a hearing in court and
of review OF such action as the dis
trict court may take. 1t. is proposed
by the Democrats. however, to
clothe the governor, necessarily
political and not judicial officer, with
this power of summary removal, not
upon the initiative Of the people who
elected an official, but upon the sim
pie conviction Of the governor that
an official is not performing his duty
to the satisfaction of the chief ex-
ecutive Of the state. III
We can readily imagine certain
contingencies of politics and acute
partisan differences where the tenure
of Office of an elective official would
be doubtful indeed, in the event that
such a law were on the statute
books. Governors are human and
not infallible, and the political pres
sure that might be brought to bear
for the removal of certain officials
who were politically obnoxious or
perniciously active would make such
a. law a formidable political weapon.
There might be occasion where there
was radical difference of opinion,
between an executive of the state
and an executive officer of the state
or of a county, and an official who
maintained the right to his own in-
depreciation Of duty would stand in
danger of summary removal from
Office, if his Interpretation did not
meet with executive approval. We
have had vigorous preachments
against Capitalization of power and
authority, and yet we know of no
law that would so thoroughly GEN.
tralize authority as this proposed
measure. We have at the present
time means for the removal of Of
ficials through the courts, and the
| courts are not held to be political.
For what reason should this machin-
| cry be taken out of the hands of
the courts and placed in the hands
of an officer who is necessarily a
| political officer, from the very nature
of partisan government? Are the
courts less likely to exact justice
than an individual? Or would po-
tlitical purpose be better served by
placing so powerful weapon in the
hands OF zone man alone2 .G 3
| We have in this country prided
ourselves upon the reserve of certain
powers to. the people themselves,
and the selection and continuance
in office OF certain of their officials
is one of the rights OF which peo
pie are properly jealous. We have
prided ourselves that any man, at.
\ tackled in his life, his property o1
i the enjoyment of his honors and dis
tinctions. could go into court or be
1 fore jury OF his fellows and defend
u himself. We have prided ourselve!
that no one man has. held authorit.
over, another that would amount t,
+ a menace OF his life, liberty or prop
that the people will continuewry,
erty. We believe firmly enough tha
the people will continue to reserv'
, to themselves the right to choos'
sI their own officials and to maintail
them in Office, Independently of tn,
arbitrary power of any one man
! saving to themselves. the right t,
u begin a judicial action for their re
2 moEal from Office subject to review
by courts which are non-political an,
? not swayed by the heat and preju
dice of partisanship or factionalism
II The matter is one that goes to tn
/ very foundation of Representative
: government, and one in which ever
: citizen; has a vital interest. TIL
! machinery already provided for tn
4 removal of officials would seem t
s be entirely adequate for all pu,
e poses,