Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1909-11-18
Citizenship and the Law.

GOAl dhAAJ w.
a Monarchy either absolute or
limited.
The unit of power in a Democ-
racy is the individual citizen.
The qualifications for citizenship
are intelligence and conscience.
The increase and conservation
OF intelligence is the duty of the
state. The education and the
quickening of the conscience is
the work of the church.
Law is the expression in words
OF the peoples highest conconcep-
ton of what ought to be. "The
heart of the law is the common
conscience beaten into words"
In the evolutions Of civilization
conditions constantly change.
Laws that would be useless to-day
may become Indispensable to-
morrow. They are implements in
the hands of the people by which
they accomplish their will. When
they have served their purpose,
they may be discarded as were
the early implements OF husband
ry and they may be succeeded by
Others of different character
capable of accomplishing the peo-
pies larger desires.
Government by the people must
be so organized as to leave the
making, the construction and the
execution of the law, while resi-
dent in the people, kept as far as
possible independent Of each
other. Hence, our fathers divided
our government, State and Nation
al, into three independent yet CO.
ordinate departments: the Legis-
lative, the judicial and Executive
or Administrative. These were
created and are continued by the
people.
Only one of these departments
can ever be properly political,
That is, the Legislative. The
Legislature is supposed to formu-
late the convictions of the people
into law. The teachings of vari-
Gus schools of political policy find
expression in the election Of the
Legislative body, but q law, once
enacted, should be regarded as
sacred, "Vox populi, Vox del"
1t is to negative every doctrine
of the American Democracy to
elect a partisan judiciary or ex-
ecutive. 1t is the province of the
judiciary to construe the meaning
of the acts of the Legislature. And
while we must suppose them to
have had partisan leanings prior
to their elevation to the bench, yet
the measure of their fitness for the
office Of Judge, is the measure of
their ability to rise above these
and construe the law as the people
desire it to be construed. Always
being careful to give the benefit of
the doubt of good morals rather
than bad as the object of all gov
eminent is to promote the peace
and good order of society. A
partisan judiciary is subversive of
the intent of the Legislature in the
enactment of law. In 10 far as 1t
gives a false construction, it sub
stitutes its own dictum for the will
OF the people.
What is true OF the judiciary is
equally true of the executive or
administrative branch of the gov
eminent. 1t Ia a menace to pub
lie government when the executive
enters upon the administration of
his office as a tool Of a party or
the mouth-piece of a fraction or
the representative Of a special in
terest. The strength Of a Repub-
lie is the faith of the people in the
incorrupt ability of its courts and
the fidelity and efficiency Of its
executives, meaning by execu-
tives, all who have to do with the
enforcement Of it's laws. 1t is a
shame when one is charged with
an infraction of law for the peo-
pie In forecasting the result, to in
quire into the personal leanings
of the Judge In constituting and the
court officers in enforcing the
statute. The same must be said
of the chief executive. What good
that the people enact their will
into law II the ingenuity Of the
officers invent causes Of delay an d
the Governor stands BY with q
pardon for the offender, 10 use his
position to discourage the prosecu-
ton because he or his party does
not happen to be In sympathy
with the law?
The supreme test Of good citizen
ship Il not only personal obedi-