Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-12-09

-''dt corporation are aux
'''S 70 sit ON lhe hencn are aAk'
"'5EN 20 ti' people, ana no pro
|"N''l o. IuSai earning. or correct
- y, "oSttact CONVICTION on CUES
,Ti'e ~ Puoiie poIloE' can serve as al
T. 20 sutu hotlGolhlhSs 6ul II
- ~ 'Ia' Judges IKE VN'cu'
nv anu legislators should noe
o"''" ,iV"H ~ 'ny PuCStIuhS On pun
" poiiNI WulC" are OF vital interest,"
- 'H' !'"H'''
The legislators and executives ar,
'hosen to represent the people in en-
lcting and administering laws. The
luuSrs are not chosen to represent the
l'opIe IN this sense. Their function
$ To interpret the laws. The leglSla-
ors are responsible fer the laws, the
Judges for the spirit in which they in
lerpret and enforce the laws. We
stand dIoot from the reckless agitators
Nho would make the judges mere phi
ant tools of popular prejudice and
passion and We stand aloof from
hose equally unWisc partisans of re-
lctlon n privilege h deny the
proposition that, inasmuch as judges
re chosen to serve the interests Of
he whole people, they should strive
% find out what those interests aro
and, SO far as they consCientiously
IAN, should strive to give effect to
popular conviction when deliberately
utd duly expressed by the laWmaktng
body. The courts are to be highly
commended and ~staunchly upheld
when they set their facts against
Wrongdoing or tyranny by a majority.
but they are blamed when they fai,
o recognize under a government like
ours the deliberate judgment of the
majority as to a matter of legitimate
policy, when duly expressed by the
legislature. Such lawfully expressed
ana deliberate judgment should be
given effect by the courts. save in the
extreme and exceptional cases where
there has been a clear violation of a
constitutional provision. Anything
ike frivolity or Wantonness in upset
ing such clearly taken governmental
action is a grave offense against the
'epublic. To protest against Tyranny.
20 protect minorities from oppression.
o nullify an act committed in a spaSm
If popular turN, Is to render a service
o the republic. But for the courts 20
trroRate to themselves functions
which properly belong to the legisla-
tive bodies is all wrong, and in the
nd works mischief. The people
should not be permitted to pardon VII
ma SIlpshod legislation on the THEORY
hat the court Will set it right; they
should be taught that the right way
o get rid OF a Bad law Is To have
legislature repeal 1t, ana not To
nave the courts by ingenious hair-
pIitling to nulllly 1t. \ law may be
lnWisc II improper, but ii should
for these reasons be declared un-
constitutional by a strained lhterpie-
latloh' Tor the result OF sucH uctioIl
IS TO take away rom tle Puoplt az
tHGlr sclSI OF I'SPolslolI't "nu
iIt'l''aleLE l" ue9'!oS t'VI' N1Paott'
-oI oiueilS SclL I'St'@lii' anu 80 So
'IHlIl'Itt uHurl Suun d popu!%t ~
! l'l.,ilt - 'o"''u,u ~ IN ~
no. nnnnIr j.. sunrrma thr Intimate
.afety of the nation can only rest in
raining and guidino rho peonlp 50
hat what the,. win shall be right.
ma nor in doyisipp means ia dpfao.
heir YIN nv tbr tnrhnrcaHtiCs of
train.d construction
Ear - 80 -. sh,r,mtuo 81,
~ ti""S ~ j., ! Vtil7a 0
IA 0"' - 90 49, ~
"Hoic ! = Ntoi,. ~"
= yu'5o9 az LII ,TIin -
t iLntv ''S't'' i.ai - iti AZ ;. q
W. - W ~
t"' t"''t I'iou.U ~
Vii 'it ''u ~ :" n,,hhIii,
" % Ju9'rO' ul,' NJ q" nuDn'
'""'. 20 - - (
.ol' WY ""N' PIOii'tu =, ~ e"
~ pun " ,rtatho ,
lIu ~ 'pu"l'Y uulo' '"''I'l, A.. ~ ,
ue 70 hdlISPiltli"S tIot'''s "''tu9 ~ r
I' NY p C'"''om y n"N ~ iu~7 ~ ~ r
~ HN9''.'" ia I 90 tbh :
dalIy press. for nlue1 OF jiF +
lIIurt o. JuStlc' ~ 'SPon'iD,i. +