Perth Amboy evening news., 1911-08-16

ment than through the altruistic In
terests Of others, however intelligent
or philanthropic. The wisdom Of ages
has taught that no government can
exist except In accordance with laws
and unless ten people under 1t either
obey the laws voluntarily or are made
to obey them. In a popular govern
ment the laws are made by the peo-
ple-not by all the people, but by those
supposed and declared to be compe-
tent for the purpose, as males over
twenty-one years Of age, and not by all
Of these, but by a majority of them
only.
Now, as the government is for all the
people and is not solely for a majority
Of them, the majority in exercising
control either directly or through its
agents is bound to exercise the power
Tor the benefit of the minority as well
Is the majority. But all have recog-
nized that the majority of a people
1nrestratned by law when aroused and
without the SOLDERING effect of delibera-
ion and discussion, may do injustice
to the minority, or to the individual
when the selfish interest Of the major
lty prompts. Hence Arizora's neces-
sity for a constitution by which the
will of the majority shall be permitted
to guide the course Of the government
only under controlling checks that ex-
D~erience has shown to be necessary to
secure for the majority its share of the
benefit to the whole people that a pop
llar government is established to be-
stow.
A popular government Is not a gov
eminent of a majority, by a majority,
FOR Il majority of the people. 1t is a
government of the whole people, by a
majority of the whole people under
such rules and checks as will secure a
wise, Just and beneficent government
II all the people. 1t is said you a
always trust the people to do justice.
II that means all the people and they
all agree, you can. But ordinarily
they do not all agree, and the maxim
Is interpreted to mean that you can al
ways trust a majority of the people,
This is not invariably true, and every
imitation imposed by the people upon
The power of the majority in their con
stitutions is an admission that it is not
always true.
No honest, clear headed man, how
ever great n lover Of popular govern
ment, can deny that the unbridled ex-
preston OF the majority Of q COM
nunity converted hastily into law or
action would sOme time make a govern
ment tyrannical and cruel. Constitu-
dons are checks upon hasty action of
The majority. They are the self i'm
posed restraints Of a whole people
upon a majority Of them to secure
sober action and a respect for the
tights Of the minority and Of the In
1fvidual in his relation to other indi-
and in his relation to the whole
people in their character as a state or
government.
The constitution distributes the func- =
ions Of government into three branch
legislative, to make the laws;
be executive to execute them, and the
to decided In cases arising be
IRE it the rights Of the individual as
him and others and as be-
yesp2 ht9g .aa nad the goyernme1--This
11sEffI - mem ITO three SSr--
ate branches has always been re-
4rded as q great security for the
.aIntenance Of free institutions and
lie security is only firm and assured
hen the judicial branch is ~tndepend-
Mt and impartial. The executive and
legislative branches are representative
( the majority of the people which
.lected them IN guiding the course Of
he government within the limits of
he constitution. They must act for
he whole people of course, but they
NAV properly follow and usually ought
10 follow the views of the majority
which elected them in respect to the
governmental policy best adapted to
secure the welfare Of the whole PEG
pie. But the judicial branch OF the
government Is not representative of a
majority Of the people in any such
sense. even II the mode of selecting
Judges is by popular election.
In a proper sense Judges are serv-
ants Of the ~people-that IS, they are
doing work which must be done for
the government and IN the interest OF
oil the people, but 1t is not work in
which the doing OF they are to follow
the will OF the majority except as that
is embodied In statutes lawfully en-
acted according to constitutional lin
ltatlons. They are not popular rep
re~sentatives. On the contrary, to fill
their office properly they must be in
dependent. They must decide every
question which comes before them &c
cording to law and justice. If this
question is between Individuals they
Will follow the statute or the unwrit-
ten law If no statute applies, and they
take the unwritten law growing out
OF tradition and custom from previous
judicial decisions. If a statute or Or
dinance affecting a aus before them
Is not lawfully enacted because it VIC
lates the constitution adopted by the
people, then they must ignore the
statute and decide the question as If
the statute had never been passed.
This power Is a judicial power i'm
posed by the people on the Judges by
The written constitution. In early days
some argued that the Obligations Of
The constitution operated directly on
" A. 1z-g-y,A,az .-5