The Topeka state journal., 1909-01-18
Mr.. Jackson, Justice Benson anO
Senator Robertson Talk.
They Discuss the Moral Prlncl'
pie of Government.
NEED OF GOOD LAWS.
That Is the First Thing-NeXt
Is to Enforce Them.
President ROosevelt's Keynote
"ThOu Shall Not Steal.

An audience of fair proportions
listened to an interesting discussion OF
the subject Moral Principle the Foun-
dation of Government" at the flrst
Congregational church last night Ihe
different phases Of the subject were
brought out by State Senator FREQ
Robertson, Associate Justice A. W.
Benson of the supreme court. and AT
torney General Fred S. Jackson. re-
spectively, representing the legislative
judicial and executive branches OF the
state government.
The meeting was held under the au-
spices of the Mems Brotherhood OF Ihe
church and the speech-naking was
presided over by Mayor VIM, Green
The vested choir of the church turnlsn-
ed music for the occasion and MT a
A. Gray. president of the Brotherhood,
read for a scriptural lesson passages
from the 18th chapter of Exodus ana
from the 18th chapter of Romans
Senator Robertson's Address.
Senator Robertson, whose home is in
Atwood called attention to the fact
that he comes from what is designated
as "the short grass and cactus region
of Kansas, but, he declared. that wnlle
his part of the state may dlrer rom rom
the eastern part in climate. crops anu
in certain conditions. there is uni
versal agreement among all the people
of the state with respect to the neces-
sity for clean, honest government. anu anu
laws that will contribute to the moral
as well as material advancement OF
the people. In all legislation, ne saIo'
the moral aspect must receive aoequate
consideration for no law can be JUST
and right that is morally wrong. The
moral principle has ever been Dasls
for lawmaking and will continue TO De-
As an educational and religious com
monweaIth Kansas stands at the
head.
Senator Robertson spoke of the. re
cent trend toward reform In leglsla.
ton Called attention to the 1act oI
the present legislature the other DAY
appointing a Joint committee for the
purpose of drafting q law to do away
with the pernicious practices of LOBBY
lists All along the hne there Is
tendency toward closer adherence 70
the moral principle in lawmaking Tor
honesty and fair dealing are the true
basis of laws.
Justice Benson and the judiciary.
Justice Benson spoke OF the part as
signed to the judiciary branch IN gov
ernment and declared that whatsoever
promotes the highest happiness brings
the greatest justice to the people ana
the greatest peace to the state There
must be courts to compel lne ooeul-
ence of the individual to the thou
shall and thou shall not' of the law
The judiciary can neither initiate nor
complete legislation, yet court mas
power to set aside statutes which 90
not conform to the will of the people as
expressed in their constitution the
reason such power Is vested In the
courts is that the people who elected
the lawmakers also formed a const1tu-
tion. setting forth certain expnclt
may not pass, and when an act of leg
isIation is set aside the courts do not
thwart the will of the people, but stand
by their constituted principles. Legls-
49, h-- "a
make laws on various subjects for
various purposes, but when the laws
are in conflict with principles set down
In their state constitution 1t Is neces-
sary for the people to change the con-
StitutiOn
Judge Benson mentioned the in
stance of the courts setting aside the
law enacted because of popular de-
mand providing for the state to go INTO
the oil refining business This action
of the court, he said. was taken pc
cause of an explicit prohibition in the
constitution of the people.
ut would create a very confusing sit
uation'' said the speaker, IF the many
questions of every day life that come
ND before the courts. were to be decid-
ed by one judge without SET code of
principles. The decisions would depend
upon the judges conscience, his dis
cernment, his sense of justice and
sometimes upon what he ate for din
ner and the condition of his digestion" ="
The closing address was delivered by
Attorney General Jackson, representing g
the executive branch of the state gov
ernment.
ION all former occasions" said Mr..
Jackson when Judge Benson and I
have taken part in any symposium, he
has always had the last word, and
sometimes L have not agreed with him,
as I do tonight, in all that he has had to
say.
jackson Explains.
"AH government" said the speaker.
"'fs founded upon the precepts of relig-
ion and morality and our forefathers
of government equal in power. The
has much to do with their effect He
influence of Christianity many laws
of many nations created more misery
than happiness. All executives. he said,
probably have not had any very direct
communication with the Almighty, but
the moral element has been drafted
into the laws through the power of the
inherent right of the people.
Mr.. Jackson mentioned that when
William Travers Jerome. of New York.
made his trip through the west some
time ago. he proclaimed that the state
could not make men good by law, re-
ferring to laws regulating the LIQUOR
traffic and other reform legislation.
but it had been demonstrated that
great good can be accomplished for a