Hermanner Volksblatt. [volume] (Hermann, Mo.) 1875-1928, 1910-08-19
DEMOCRATS
PROTECTED
SUPREME COURT COMES TO THE
RESCUE AND SENATORIAL
DISTRICTS STAND.
But Judge Woodson Denies That the
Secretary Of State Has Authority
10 Pass on Legal Merits OF
Amendments.

.N.| |
a -- |
Missouri Republicans were not sur
prised by the opinion of Chief Justice
Fox in the Roach mandamus case.
They anticipated it. They knew that
the proposed amendment to the Cen
stitution changing the senatorial dis,
tricts and changing the law under
which they have been gerrymandored
since 1880 was we'll drawn, was in
conformity with the new initiative and
referendum law, and a proper matter
to lay before the voters at the Novem
Der election; and they knew that the
immense petition for its submission
wac all right. Yet they felt sure that
the Democrats would find some way
to prevent a vote on the proposed
amendment and to hold to the priyi-
lege they have enjoyed for thirty
years of gerrymandering Republicans
out of thu Senate chamber.
The citizens of the state generally
are gratified, however, to find that one
Democratic member of the Supreme
| SOuIl dSIGCS Will JOuh hChllSl Az
Judge Brown and Homer Hall and
G, c. Madison and other Republican
lawyers that the secretary of state
is a ministerial officer without author
ity TO determine the constitutionality
o ia, Measure proposed for adoption
by the people under the initiative and
referendum law. The dissenting opin,
ion of Judge Archelaus NJ. Woodson,
one of the newer and younger mem
bers of the Supreme Court, is SO wise,
so clear, so courageous that 1t de-
serves space in every newspaper OF
the state and the hearty commenda.
ton of every fair minded and patriotic
Missourian. Judge Woodson was
elected to a full term on the Supreme
Bench in 1906. He is a Kentuckian
by birth but was raised in Buchanan
county and began the practice OF law
at st. Joseph, where he was frequently
honored before his election to the
Supreme Court. He Is a nephew o.
former Governor Silas Woodson. Dis
senting from the majority opinion q
the court, written by Chief Justice
Fox, Judge Woodson wrote the fol
lowing
Courageous Opinion.
Il am unable to agree with oui
earned Chief Justice and others Of
my associates as TO the powers ant
duties of the Secretary of State in the
premises. In my opinion the design
of the Legislature in requiring The
petitions of the voters TO be fled will
the Secretary of State was simply Il
make him the custodian of the peti
tons and other proceedings in the I'M
tiative and referendum legislation il
the same name as the custodian 0
all proceedings leading up to the leg
islation to be enacted by the Genera
Assembly of the State. And the ques
: ton of their validity, as well as al
laws enacted by the people in pursu
ance thereof, are no more addressed
; to the courts until after their enact
ment than as are the proposed enact
ments of the Legislature.
1T is conceded by all that a pro
: posed bill, however offensive 1t ma,
be to the organic law Of the state
pending in the Legislature, cannot BIZ
controlled by the courts prior to itt
enactment, for the obvious reason
first, because the courts have no au
thority or Jurisdiction over the legis
lation, and, second, because the bill
may never receive the sanction of thai
~lawmaking power; and, in my opinion
the same is true of the initiative and
referendum-the courts have no pow
er to control the action of the sover
eign people in the enactment of laws
And they may repudiate the proposed
legislation submitted to them for rat
ification which would obviate the ne
cessity of all action on the part Of
the court.
, ITO hold that the courts cannot con.
troll the people themselves in such leg
islation by a direct proceeding insti
tuted against them, but that they can
do so indirectly by controlling the
action of the Secretary of State, VINO
is their representative, is to ignore
that legal maxim which prohibits that
from being done indirectly which may
not be done directly.
"In my opinion il would be just as
appropriate to pass upon the validity
Of, or to gconstrue a will, when pre-.
sented for probate, as II would be to
pass upon the validity Of a law, or any
Of its preliminary steps prior to its
enactment"