Arizona republican., 1908-12-09
THE PRESIDENTS MESSAGE
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by a majority; but they are 10 De blamed when they fail to recognize under a government like ours the deliberate judgment of the majority as to a matter of legitimate policy, when duly expressed by the legisla- ture Such lawfully expressed and deliberate judgment should be given effect by the courts, save in the eX- treme and exceptional cases where there has been clear violation of a constitutional provision. Anything like frivolity or wantonness in up setting such clearly taken govern mental action is a grave offense against the republic To protest against tyranny, to protect minorities from oppression, to nullify an act committed in a spasm of popular fury, is to render a service to the republic. But for the courts to arro- gate to themselves functions which properly belong to the legislative bodies is all wrong, and in the end works mischief The people should not be permitted to pardon evil and slipshod legislation on the theory that the court will set it right; they should be taught that the right way to get rid of a bad law is to have the legislature repeal it. and not to have the courts by ingenious hair splitting nullify it. 4 law may be unwise and improper; built should not for these reasons be declared unconstitutional by a strained inter pretation, for the result of such ac- ton is to take away from the people at large their sense of responsibility and ultimately to destroy their ca pacity for orderly self restraint and self government. Under such pop ular government as ours, founded on the theory that in the long run the will of the people is supreme, the ultimate safety of the nation can only rest in training and guiding the people so that what they will shall be right, and not iR- devising means to defeat their will by the technicali- ties of strained construction.
 People in Part to Blame.
 For many of the shortcomings of justice in our country our people as a whole are to blame. and the Judges and juries merely bear their share together with the public as a whole. It is discreditable to us as a people that there should be difficulty in convicting murderers, or in bringing to justice men who as public ser wants have been guilty of corruption, or who have profited by the corrup- tion of public servants. The result is equally unfortunate, whether due to hairsplitting technicalities in the interpretation of law by judges, to sentimentality and class conscious ness on the part of juries, or to hysteria and sensatiOnalism in the daily press For much of this fail ure of justice no responsibility what ever lies on rich men as such. We who make up the mass of the people can not shift the responsibility from our own shoulders. But there is an important part of the failure which has especially to do with inability to hold to proper account men of wealth who behave badly.
 New Social Relation.
 The chief breakdown is in dealing with the new relations that arise from the mutualism. the interdepend- ence of our time. Every new social relation begets a new type of wrong doing-of sin, to use an old-fashioned word-and many years always elapse bFADif SDClflg AS e1blt Ap NLlA II AAAAo sin into crime which can be effect lively punished at law. During the lifetime of the older men now alive the social relations have changed far more rapidly than in the preceding two centuries. The immense growth of corporations, of business done by associations, and the extreme strain and pressure of modern life, have
 fl .l public confused as to who its really dangerous foes are; and among the public servants who have not only shared this confusion, but by some of their acts have increased it, are certain judges. Marked inefficiency has been shown in dealing with cor porations and in re-settling the prop CT attitude to be taken by the public not only towards corporations, but towards labor, and towards the social questions arising out Of the factory system. and the enormous growth of our great cities.
 The huge wealth that has been accumulated by few individuals of recent years, in what has amounted to a social and industrial revolution, has been as regards some of these individuals made possible only by the improper use of modern corporation. A certain type of modern corpora ton, with it's officers and agents, its many issues of securities, and it's constant consolidation with allied un- dertakings, finally becomes an in strument so complex as to contain a greater number of elements that, un- der various judicial decisions, lend themselves to fraud and oppression than any device yet evolved in the human brain. Corporations are nee essary instruments of modern busi- ness. They have been permitted to become a menace largely because the governmental representatives of the people have worked slowly in pro- viding for adequate control over them.
 How Laws Are Spoiled.
 The chief offender in any given case may be an executive, a legis- lature or a judge. Every executive head who advises violent, instead of gradual, action, or who advocates ill., considered and sweeping measures of reform (especially if they are taint- ed with vindictiveness, and disre- gard for the rights of the minority) is particularly blameworthy The sev- eral legislatures are responsible for