Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1911-01-11
Impressions From My Trip Abroad.
CONTINUED FROM PAGE 81

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that, in spite of the absence of
gowns and wigs, this United States
Of America is the most judge-ruled
country in the world. This is the
only nation on the face of the earth
where court can set aside q law
passed by the legislative and ap-
proved by the executive branches
Of the government. By a majority
of one-that is. by the opinion of
one judge-the federal income tax
law was annulled by the United
States Supreme Court. after it had
been enacted by large majority of
both houses of Congress and ap-
proved by the nations chief execu-
tive. This was done on the ground
that in the opinion of the majority,
the law was Unconstitutional.
Many other important laws en-
bodying the will Of the people as
expressed through their chosen
representatives, have been set aside
by court. often by bare major
ity Of the judges. Such a thing
could take place in no other coun-
try with constitutional govern
ment. In no other country are the
people of the living present bound
by the provisions of an almost una
mendable constitution adopted a
century before the characteristic
conditions of modern life and the
great problems to which they have
given rise were dreamed of even by
the most farsighted Of statesmen.
And then it is left to a judge to
decide whether the demands of the
people in attempts to meet the
great issues Of the present are in
accord with this eighteenth-century
document. England has no writ
ten constitution. Its constitution
consists of the unrepealed' or unsu-
perceded acts of Parliament and the
common or customary law as embo-
died judicial decisions. But the
latter kind of law can he overturned
by an act of Parliament. after
which the courts must decide &C.
cording to "the statutes in such case
made and provided. If a court
should interpret law in way
different from the intention Of it's
trainers Parliament can simply
override the decision and make the
law so plain that even a jurist will
be able to understand its meaning.
The same is true if a judge acts
strictly according to the statutes, if
the people find the workings of the
law undesirable, Parliament can
declare the law unconstitutional
by changing the constitution.
The king is simply a tigure-head
on the British ship-of-state. In
his own person he has no constitu-
tional power. The cabinet or min
istry is the government in Britain
in both name and reality. By "the
government an Englishman means
the ministry. A man who said
he wanted TO overthrow the gov
ernment' in this country. would be
taken for an anarchist; if he said it
in England, everyone would know
that, just now. he was a Conserva.
tive. So that when English dis.
patches announce that the present
government will last only a few
months, it simply means that Mr.
Asquith. Mr.. Lloyd-George and
their fellow-ministers will not
likely hold their Offices for a longer
time. The king must sign what
ever laws are passed by Parliamen,
and presented to him by the prime
minister. And the latter officia
is always the leader of the majority
in the House of Commons. The
other members of the cabinet must
likewise be chosen from member!
of Parliament belonging to the
party in power. The British Par
Lament is not elected for any Ger
tain term; it sits as long as it car
do work. If important bills intro
duced by the ministry fail to be ad
opted either the ministers resign
or Parliament is dissolved and the
question Preferred to the country
as they put it. If the ministry il
sustained by the election of a ma
jority Of members who will supper,
it, it stays. If not, they resign
and a new government is form
ed representing the popular will
Thus "the omnipotence of Par
lament is the cornerstone of thu
British constitutional system. Ane
that, in the last analysis means thu
omnipotence of the House of Com
mons, whose members are elected
directly by the people. The House
of Lords may decline to approve Of
a measure passed by the Commons
thus preventing it's immediate adop
ton, as in the case of the bulge
this year. Then the prime minis
ter may order the king to dissolv,
Parliament and general election i
held. If the voters support tn
policy of the ministry and the Com
mons, the Lords have too many in