Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-03-01

HON. SAMUEL ALSCHULER,
Who Delivered Learned Address on I'm
| constitutional Reflections"
rassment and alarm would have been
minimized If, indeed, any disturb
ance at all would have followed
Questions of the constitutionality
Of statutes are always grave. They
are often such as perpIex the best of
lawyers, and frequently result in dis
! agreement and difference of opinion
among them, as well as in the very
| courts charged with the solution Of
such problems.
Legislatures are not selected with
a view to the legal profundity of their
members, and even if they were, we
might expect the same differences of
opinion which so frequently manifest
| themselves even in courts OF the very
| highest learning and authority.
wisdom Would Not Avail.
But, If the legislature were a body
of wondrous wise Solomons, many Of
it's enactments would be wrecked upon
constitutional rocks just the same.
For, do not wise circuit courts have
their opinions overturned by wise ap-
pellate courts, the last in turn to be
again overturned by a wise supreme
court, and then perhaps the latter be
disagreed with by coordinate supreme
courts, or even reversed by the SUI
preme court of the nation? Who shall
decide when doctors disagree? With
eli -
proclaims the law as being far from
an exact science-if, indeed, 1t be any
science at all-the wonder is that
there is yielded to it even that degree
of faith, loyalty and allegiance which
is popularity manifested.
ut is prescribed in section 81, arti-
Gle 6, of our state constitution, that
inferior judges of the state shall, on
or before June 1st of each year, report
preme court such defects and omis-
sions in the laws as their experience
may suggest, and that the judges of
the supreme court shall, on or before
Jan. 1st of each year, report in writing
to the governor such defects and omis-
sions in the laws as they may find to
exist, together with appropriate forms
of bills to cure such defects and omis-
sions.
Constitutions are ordinarily re-
garded by the courts with great rev
erence, and it is not lightly to be
presumed that the judicial reverence
81, article 6, thereof.
HOnOred In the Breach.
ITO what extent the provision has
been complied with by the inferior
judges do not know, nor for that mat
ter how far it has been observed by
the supreme judges. 1t is the gen
eral opinion that the section has been
more honOred in the breach than in
the observance. But this may depend
upon a construction of the article
itself If the judges are to report only
such defects as they find to exist, it
may be concluded that failing to report
at all, they implicitly find the nom
existence of defects. and, of course, /
no occasion has then arisen for making
any report, and hence there has been
no constitutional non-observance.
81 confess myself quite unable to |
understand the full scope and mean
ing of the constitutional provision re-
ferred to. Surely it cannot thereby |
be meant that the supreme judges |
should annually lay before the COVER
nor such suggestions, with forms of |
bills to carry them out, as might be |
calculated to determine or influence |
the policy of the legislative depart I
ment, which is not to be tolerated. I'M
less indeed the constitution so pre-
scribes. If the constitution imposes
upon the judicial department certain |
duties which might be classed as ex-
ecutive or legislative, it is for the iu-
dicial department to obey the consti-
tuition, regardless of any question of
propriety or departmental
invasion. The departments exist for
the people, not the people for the de-
partments. The people through their
constitution commando is for the
to comply.
while it is not to be presumed that
under the guise of pointing out de
fects and omission the supreme
judges are expected to recommend
policies or to initiate legislative plans
and changes, yet it is not reasonable
to conclude that the constitutional ex-
preston, defects and omissions in
the laws, means nothing at all.
is Broad Twilight Zone.
"One may readily conceive of fields
Of legislation which quite clearly
were not intended to be included in
the section, and of others quite as
clearly within its scope. 1t is mani
fest, however, that between recon-