Los Angeles herald., 1908-07-08
Believes Courts USurp
Powers of Legislature
BY S. w. BARBEE


DERHAPS no political truth uttered
within the past 100 years Is of
Il deeper Significance than this one.
spoken by the hero of the Hermitage:
at et us abide by the constitution as 1t
ia written" The words were pro-
phetic. and came hot from the heart of
a great American who, foreseeing the
danger implied by his own words, ut
tered that other imperishable demo-
cratic truth: eternal vigilance is the
price of liberty"
And what is the written law of the
constitution, to abide by whose teach
ing we are urged by the great apostle
of democracy. which is likewise the
foundation stone of the republic? Why.
this9 The constitution provides that
i'm the administration of government
there shall be a legislative, a judiciary
and an executive department, ana thal
neither. in danger of destroying all
government, and setting up monarchy
in its stead, shall trespass upon the
domain of either of the Others ana
much less. assume it's functions.
The official functions of these three
departments of government are as DIS
tinct as if they were not parts OF the
same government, and yet Wnen au-
ministered in conformity to the pro-
visions of the constitution, from "hlcn
alone they derive all their right ana
authority of action and to which they
are amenable, there Is no variance or
conflict between them whatsoever. In
deed, there are perfect agreement ana
harmony, and the wisdom of the
fathers is thereby justified and the
liberties of the people preserved.
More important by far to the admin
istration of just government among
our people, that this triparite rela-
tionship Of the legislative, judiciary
and executive be observed and obeyed,
than that we should attempt any gov
eminent by law at all. Disrupt or dis
organize the constitutional relation
shin of these three separate and dis
tinct branches of government, although
done by the sanction and the so-called
authority of the courts themselves, ana
the resultant effect will be to prove
that, in point of fact, there is no law.
For a court has no more authority TO
enact law than a bailiff has to say
what is law.
This train of thought has been sug-
gested by the too frequent use of In
junction by the courts, the puertle and
meaningless announcement of the late
national Republican convention at Chi
cago and the more recent astounding
statement Of Justice David j. Brewer
Of the supreme court of the United
States, that ito restrict the power of
the courts is a step backward toward
barbariSm."
am not q lawyer, and it would
seem, therefore, an impertinence in me
to sit up my judgment against that of
the erudite jurist, Justice D. ]. Brewer,
yet even q layman may venture an
opinion as to constitutional Limitation
and authority. Hence, doing SO, am
willing to risk my reputation as to an
INTELLIGENT Interpretation of the con-
stitutional law of my country by de-
rial of the premise of the distinguished
jurist.
The very substratum rock of the
foundation of the political economy of
the United States is the least power
possible vested in the hands of the
governing classes and the greatest pos
sible liberty to the individual citizen.
Our government was not established
for purposes of unrestricted judicial
regulation and control, the organic law
nowhere says so, but for the promotion
of the widest personal freedom, I'M
hampered by legal restriction and re-
straint.
And this in no sense whatever winks
at lawlessness, anarchy and the mob,
but when the genius of our free insti-
buttons is rightly understood and in
terpreted disarms them of their menace
and threat and fortifies the govern
ment in its defense and protection OF
its subjects, who gladly obey law
written in the heart.
1t isn't more law that we need, and
certainly not that the courts should
have more power given to them, as
Justice Brewer insists. When Justice
Brewer was a small boy at school how
we'll he remembers the voluminous
pedagogic code, the teacher. with birch