Bisbee daily review., 1911-06-03

before the republic on this continent was dreamed of. Said he:
 ''The people. who is now mon arch and no longer under the con trol of law, seeks to Exercise mon archial sway and grows into des- pot; the flstterer is held in honor. this sort of democracy being relative ly to the other democracies what tyranny is to other forms Of mon- archy The spirit of both Is the same. and they alike exercise a des- potic rule over the better citizens. The decrees of the demos correspond to the edicts of the tyrant. and the demagogue is to the one what the fIatterer is to the other. Both have great power-the flatterer with the tyrant; the demagogue with the democracies of the kind we are de scribing. The SemagUguSs make the decrees of the people override the laws and refer all things to the popular assembly. And. therefore. they grow great because the people have ail things in their hands. and they hold in their hands the votes of the people who are too ready to listen to them. Further, those who have any complaint 10 bring against the magistrates say Let the people be the judges:' the people are too happy to accept the invitation, and so the authority of every office Is undermined. Such democracy is fairly open to the objection that 1t Is no. constitution at all. for where the laws have no authority there is no constitution"
 It is remarkable that Aristotle could have had such clear view of the distinction between the monarchial, republican and extreme democratic forms. But profting from history, not only of Aristotle's time, but of the long period following. up to their own time, our fathers natural ly understood the great problem be- fore them. The number of instances wherein they rejected propositions, because the ideas involved were either too monarchial or too demo cratic clearly show that the ''repub- ican form of government" was to them something sharply differing from monarchy and extreme democ- racy They wanted neither and took extraordinary means to avoid both.
 It is not necessary for the pur- pose of this discussion to go into all the details of what constitutes T republican form of government It is sufficient to establish the relation of the judiciary to that form of gov ernment, and to Teassert the fact that the states being bound collec- lively to maintain the prescribed form. it is not within the constitu- tional or moral right of any one state to maintain in common with of establishing a democracy within it's confines. The constitutional ani moral obligation resting upon each state to maintain in common with the other states the same general form of government is clearly set forth by NIT. Fink. who also shows by quotations from James Madison, Alexander Hamilton, Chief Justice Marshall, and others that the pur- pose was to provide the greatest possible degree Of independence of the judiciary; that the judges must serve not alone the majority, but the minority; not alone the powerful, but the weak-in short, all the peo- pie. all interests, of high and low degree; and finally. that the judges should hold office during good be- havior." The right of the majority. during a passing agitation. to judge the acts of the judiciary, is so plainly denied, both directly and by implication. that there is TO room for dispute over the question.