Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-08-18
DEMOCRATS
PROTECTED
SUPREME COURT COMES TO THE
RESCUE AND SENATORIAL
DISTRICTS STAND.
But Judge Woodson Denies That the
Secretary Of state Has Authority
to Pass on Legal Merits o.
Amendments.

Missouri; Republicans we're not sur
Drised by the opinion OF Chief Justice
Fox in the Roach mandamus case.
They anticipated it. They knew that
the proposed amendment to the Con.
stitution changing the senatorial dis
tricts and changing the law under
which they have been gerrymandered
since 1880 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.
Der election; and they knew hat the
immense petition for its submission
was all right. Yet they felt sure that
the Democrats would find some way
to prevent y vote on the proposed
amendment and to hold to the privi-
lege they have enjoyed for thirty
years OF gerrymandering Republicans
out OF the Senate chamber.
The citizens of the state generally
are gratified, however. to find that n
Democratic member OF the Supreme
Court agrees with John Kennish and
Judge Brown and Homer Hall and
C. 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,
30 clear, 80 courageous that II de-.
serves space in every newspaper OF
the state and the hearty commenda-
ton of every fair minded and patriotic
M%issourian. Judge Woodson was
elected TO a full term on the Supreme
Bench In 1906. lie 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 OF
former Governor Silas WOodsOn. Dis
senting from the majority opinion OF
the court, written by Chief Justice
Fox, Judge WoodsOn wrote the fol.
lowing
Courageous Opinion.
~ am unable to agree with our
learned Chief Justice and others OF
my associates AZ to the powers and
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 filed with
the Secretary Of State was simply to
make him the custodian OF the petit.
lions and other proceedings in the int
tiative and referendum legislation In
he same manner as the custodian OF
all proceedings leading up to the leg
i~slation to be enacted by the General
Assembly of the State. And the ques
ton Of their validity. as well as all
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 II may
be to the organic law of the state
pending In the Legislature, cannot be
controlled by the courts prior to it,
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 tina
iawmaking power; and. in my opinion
the same Is true Of the initiative ant
referendum-the courts nave no pow
er 10 control the action OF the sover
elgn people In the enactment OF laws
And they may repudiate the proposed
legislation submitted to them for rat
iication which would obviate the ne
cessity OF sll action on the part q
the court.
ITO hold mat the courts cannOt con
troll the people themselves in such leg
islation by q direct proceeding insti
tuted against them, but that they Cal
do so indirectly by controlling thu
action Of the Secretary OF State, wn'
is their representative, il to ignore
that legal maxim which prohibits tina
from being done indirectly which ma!
not be done directly.
"in my opinion II would be just a.
appropriate to pass upon the vaIidit.
Of, or to ~construe a will, whom pre-
scented for probate, as il would be 4
pass upon the validity OF a law, or an!
Of It's preliminary steps prior to III
enactment"