Arizona republican., 1910-11-04

dDTluSeQ the COnStltullOndl rlSntS or the people. His proposition. he said,
 was plan to secure a government by | laws and not by men. His plan might | be defective and if so. let it be sent
 back to the judiciary to be remedied. MT. Cunningham, on the other hand. believed that the proposition was
 wholly bad and incapable of amend
 ment. Its effect would be to make
 out of the honest error of a court
 crime against which he would have no opportunity of defense. It would be a reversion to that period when ] juries were punished for making mis- l takes
 Referring to MT. Ingraham's propo- 1 sition relating to trials for contempt
 not committed in the presence of the court and under which the accused
 might be heard by jury, Mir. Gun ningham said that afforded the peo- i pie all needed protection. | pr. Mouer asked if that proposition
 would be constitutional.
 |! Yes, if we make it so," replied MT Cunningham.
 ] MT. Cunniff said that the In- graham proposition was special plea for special privileges for the courts.
 SOCIALISM ALLEGED. Mir. Lynch's remarks were rather scathing. He said he had for some
 time been reading the Appeal to Rea- son, which abounded in attacks upon the judiciary. He was astounded to hear those attacks reiterated in the constitutional convention. He was pleased to say that as a candidate for delegate to the convention he had not been required to run on a socialistic platform, as the gentleman from Yav- | apai seemed to have been required to do.
 It is true, said MT. Lynch, that courts have erred, but the people have
 always had and have now a remedy
 when the courts have transcended the
 powers given them by the constitution. The judicial violator of the constitu- tion has always been subject to i'm peachment, but he has been given the opportunity to defend himself against
 such serious accusation. There have been times when men have been condemned without an op-
 portunity for defense; when doctors have had their heads cut off for mak- ing mistakes, but those time are in the past. This proposition, said MT. Lynch, is socialistic.
 Mir Parsons said he would yield to no man in his desire to see impartial ity, but he believed that the courts
 had been unwarrantedly attacked by Mir Cunniff, especially when he said
 that the courts know. when they com
 init error. Who, he asked, is to de- termine whether an order is a viola tion of the guaranties of the United
 States constitution. The judge so charged may be subject to impeach-
 ment but not without a hearing q
 do not believe" said Mir. Parsons, that there is anything sacred about
 the courts, but I am pained to hear this cultured gentleman attack them indiscriminately His proposition, if
 adopted, would be the death of our constitution"
 MT. Ingraham, while not defending the proposition, said that he believed there had been instances of the Usur- patton of power by the courts. He be- lieved,. as Mir Cunniff did, that there should be some check upon them. If this proposition was not practical, there was the recall.
 The various motions were renewed and MT Ellinwood especially objected to the last one, to recommit the prop Eosition. We do not want it back in the committee; now is the best time to dispose of it."
 The roll call proceeded, and when the name of Judge Wells was reached he rose to explain his vote. He said
 but for the verbatim report of the proceedings in the committee of the whole, such an explanation would be
 unnecessary His colleague, MT. Cum
 niff had said that the delegation from Yavapai was acting under a pledge. Judge Wells said that he was under
 no such pledge. and would therefore
 vote No"
 The vote on MT. Cunniff's amend
 ment was as follows:
 Ayes-Messrs. Bolan, Bradner. Cok
 CT, Connolly. Crutcnfield, Cunniff, Feeney, Goldwater, Jones of Yavapai
 Lovin, Moeur. Moore, Morgan. Osborn.
 Roberts, Tovrea, Wood and Mir. Presi- 1 dent-18
 Nays-Messrs. Cassidy. Cobb. Colter. Cooper Cunningham. Curtis. Doe, El- (Continued on Page 59