Evening star., 1911-08-15

power or congress to withhold or grant
statehood is absolute, the people about to
better the kind of government and con-
s1tutfon suited to their needs than Con-
greSs or the executive. But when such
a constitution contains something SO de-
Structlve of free government as the jul
dicial recall it should be disapproved.
Must Respect the Laws.
a government is for the benefit Of all
the people. We believe that this benefit
is best accomplished by popular govern
ment, because in the long run each ella IS
Of individuals is apt to secure better pro-
vision for themselves through their own
voice in government than through the
altruistic interest of others, however in
telligent Or phlanthropjc. The wisdom
OF ages has taught that no government
can exist except in accordance with>1aws
and unless the people under it either
obey the laws voluntarily or are made to
obey them. In a popular government the
laws are made by the people-not by all
the people-but by those supposed and
declared to be competent for the purpose,
as males over twenty-one years of age
and not. by all of these-but by ma
tority of them only Now. as the gov
ernment is for all the people. and is not
solely for majority of them. the ma
jority in exercising control either directly
else the power for the benefit of the mi
nority as we'll as the majority. But all
have recognized that the majority of a
people, unrestrained by law. when aroused
and without the SOLDERING effect of delib-
Grafton and discussion, may do injustice
to the minority or to the individual when
the selfish interest OF the majority
prompts. Hence arises the necessity for
constitution by which the will of the
ma jority shall be permitted to guide the
of he
trolling checks that experience has shown
to be necessary to secure for the minor
ity it's share Of the benefit to the whole
people that a popular government is es-
tablished to bestOw.
a popular government is not govern
ment of majority. by majority. for a
ma iority of the people. II IS a govern
ment of the whole people. by majority
Of the whole people, under such rules and
checks as will secure a wise, just and
benetcent government for all the people.
1t is said you can always trust the people
to do justice. If that means all the peo-
pie and they all agree, you can. But or
dinarily they do not all agree, and the
maxim is interpreted to mean that you
can always trust a majority of the peo-
pie. This Is not invariably true: and
every limitation imposed by the people
upon the power of the majority in their
constitutions is an admission that 1t is
not always true. No honest. ciear-headed
man. however great lover of popular
government. can deny that the unbridled
expression of the majority OF commu-
nifty converted hastily into law or action
would sometimes make a government ty-
checks upon the hasty action of the ma
jority. They are the self-imposed re-
straints of a whole people upon ma
jority of them 10 secure sober action and
| a respect for the rights of the minority,
and OF the individual i'm his relation to
other individuals. and in his relation to
the whole people in their character as a
state or government.
Three Government Functions.
1.-The Constitution distributes the func-
tions OF government into three branches
the legislative, to make the laws: the
executive, TO execute them: and the
| judicial. 70 decide in cases arising before
/ il tine rights Of the individual as be-
tween him and others and as between him
and the government. This division OF
government into three separate branches
has always been regarded as great Sc
curity for the maintenance of free in
| sttutions. and the security is only firm
and assured when the judicial branch is
and legislative branches are representa-
tive OF the majority of the people which
| elected them in guiding the course OF
the government within the limits of the
4
people. of course; but they may properly
follow. and usually ought to follow, the
views OF the majority which elected them
| in respect TO the governmental policy best
adapted to secure the welfare of the
whole people. But the judicial branch OF
the government Is not representative OF
a majority of the people in any such
sense, even if the mode of selecting Judges
is by popular election. In a proper sense
Judges are servants of the people tat
/ is they are doing work which must be
done for the government and in the in.
terest of all the people. but it is not work
in the doing of which they are To follow
the will of the majority except as that Is
embodied In statutes lawfully enacted ac
cording TO constitutional limitations. The,
are not popular representatives
ION the contrary, TO fill their offic,
| properly they must be independent. The,
| must decide every question which come
before them according to law and justice
II this question is between individuals
| they will follow the statute. or the nm
| written law If no statute applies an,
they take the unwritten law growing OF
! of tradition and custom from previous
judicial decisions. If statute or ordi
| nance affecting a cause before them i
not lawfully enacted, because il violate
tine constitution adopted by. the people
tEen they must ignore the statute an,
decide the question as il the statute ha,
neTer been pussed. tbs power is a ju
dicial power, imposed by the people OIL
the judges by the written constitution
legations of the Constitution operated di
h0 Of h0 la Di ell n