The Rich Hill tribune. (Rich Hill, Mo.) 1903-1911, 1910-09-01
DEMOCRATS
PROTECTED
SUPREME COURT COMES TO THE
RESCUE AND sENAToRiAL
DISTRICTS eTANn.
But Judge Woodson penlsa Tina, the
Secretary OF State Has Authority
q Pass on legal Merits Of
Amendments.

W raw OF INHHl WN''N "
Amendments.
Missouri Republicans we're not sur
prlsed by the opinion OF Chief Justice
Fox ia the Roach mandamus case.
They anticipated Il. They knew That
the proposed amendment to the Con-
stitution changing the senatorial dis
tricts and changing the law under
which they have been gerrymaudered
since 1850 was well drawn. was in
conformity with the new initiative and
referendum law, and a proper matter
to lay before the voters at the Novem-
her election: and they knew hat the
immense petition for its submission
was all right. Yet they felt sure that
the Democrats would Esd some way
TO prevent a vote on the proposed
amendment and TO hold to the priv
lege they have enjoyed for thirty
years OF gerrymandering Republicans
out OF the Senate chamber.
The citizens Of the state generally
are gratihed, however, 10 hnd that one
Democratic member Of the Supreme
Court agrees with John Kennish and
Judge Brown and Homer Han and
| c. c. Madison and other Republican
lawyers that the secretary OF state
Is a ministerial officer without author
ity 20 determine the consrituti0nnlity
o IA measure proposed for adoption
by the people under the initiative and
referendum law. The dissenting opin-
ion OF Judge Archelaus NJ. WCodson.
one OF the newer and younger NOM
beers Of the Supreme Court. l5 SO wise,
so clear. so courageous that 90 de-
serves space ia every newspaper OF
the state and the hearty CQmmenua-
ton OF every fair minded and patriotic
M]iss0urian. Judge Woodson was
elected to a fun term on the Supreme
Bench in 1906. He IS a Kcntucbian
by birth but was raised IA Buchanan
county and began the practice @, law
at ST. Joseph, where he was frequently
honored before his election TO the
Supreme Court. He Is q nephew OF
former Governor Silas Woodson Dis
seuung from the majority opinion OF
the court. written by chief Justice
FOX. Judge Woodsou wrote The fol.
lowing
Courageous Opinion.
I Il am unable TO agree with our
learned Chief Justice aud others OF
my associates as 20 the powers and
duties OF tho Secretary OF state in The
premises. In my opinion tho gcgign
OF the Legislature IN requiring the
petitions Of the voters 10 be Hled with
the Secretary Of State was simply 20
make him the custodian % the petit.
lions and other proceedings 10 the int.
tiltiye and referendum legislation lu
the same manner as the custodian OF
all proceedings leading up 90 the jos.
islation 20 be enacted by the General
Assembly Ot the State. Aud the cues.
ton OF their validity, as well as an
laws enacted by the people 90 pursu.
ance thereof. are no more addressed
20 the courts until after their enact
mont than as are the proposed enact
ments Of the Legislature.
1t is conceded by an that a pro
posed bill. however offensive n may
be 10 the organic law OF the state
pending in the Legislature, cannot OC
controlled by the ourts prior to ~.
enactment, for the obvious reason
FIRST, because the courts have no an
thority or Jurisdiction over the lexis
D lation. and, second because the bin
may never receive tho sanction of thn.
lawmaking power, and, ln my opinion
the same is true uf the initiative aul
refercndum-the courts have uo pow
er TO control the action OF the sovcr
cign people Ia the enactment OF laws
And they may rcpudlato the propose'
legislation submitted a. them for rat
incatlon which would ohyiato The no
coasi,y Of an action ON the part o
the court
ITO hold hat the courts cannot con
troll the people themselves iu such Igs
i~Flation by a direct proceeding lustI
tuted against them, but that they cai
do 90 indirectly By controlling tNI
action OF the Secretary OF state, VIII.
is their representative. IL 20 lguor
that legal maxim which prohibits tina
from being done indirectly which ma.
not be- done directly.
I'm my opinion u would be just a
appropriate 10 pass upon the validit.
{ Of, or TO construe a WILL when pre-
c scented for probate, az Il would be I
pass upon the validity Of a law, or an.
o. It's preliminary steps prior 70 IL
E enactment"