The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-08-15
HIS FIRST VETO.

Continued from Page One.l
and, therefore, to be so injurious to the
cause of free government, that I must
oisapprove a constitution containing it
am not now engaged in performing
the oft1ce given me in the enabling aci
already referred to, approved June 90
1910, which was that of approving the
constitution ratified by the people OF
the territories. It may be argued from
the act, my only duty is to examine
the proposed constitution and if l find
nothing in it inconsistent with the fed
eral constitution. the principles of the
Declaration of Independence, or the en-
abling act. to register my approval
Government by Majority.
OF course, a mere difference Of opiE-
lon as to details in a state constitution
ought not to lead me to set up my
opinion against that of the people of
the territory. It is to be their govern
ment and while the power of congress
to withhold or grant statehood is alb
sOlute, the people about to constitute a
state should generally know better the
kind of government and constitution
suited to their needs than congress or
the executive.
But when such a constitution con-
tains something so destructive of free
government as the judicial recall It
should be disapproved-
A government is for the benefit of ali
the people. We believe this benefit is
best accomplished by popular govern
meut, because in the long run each
class of individuals is apt to secure
better provision for themselves through
their own voice in government thar
through the altruistic interests of 9TH
ers, however intelligent or philan-
thrOpic.
The wisdom of ages has taught that
no government can exist except in ac-
cordance with laws and unless the peo-
pie under it either obey the laws vo,-
unfairly or are made to obey them. In
popular government the laws are
made by the people-not by all the peo-
ple-but by the supposed and declared
to be competent for the purpose, IS
males over q years Of age, and not by
all of these, but by majority of them
only
Now, as the government is for all of
the people and is not solely for a ma
jority of them, the majority, in exercis-
ing control either directly or through
its agents, is bound to exercise the
power for the benefit of the minority
as we'll as the majority. But all have
people. unrestrained by law. when
aroused and when without the SOLDERING
effect Of elaboration and discussion,
may do injustice to the minority or to
the individual when the selfish interest
Of the majority prompts.
Majority Needs Checks.
Hence arises the necessity for a con-
by which the will of the ma
lority shall be permitted to guide the
course Of the government only under
controlling checks that experience has
shown to be necessary to secure for
the minority It's share of the benefit to
he Whole people that a popular gov
eminent is established to bestow.
A popular government is not q gov
arnment Of a majority by majority,
FOR a majority of the people. 1t is a
government Of the whole people, by u
such rules and checks as Will secure a
wise, just and beneficent government
'Or all the people.
1t is said you can always trust the
people to do justice. If that means all |
he PEOPLE and they all agree. you can. |
But ordinarily they do not all agree, /
md the maxim is interpreted to mean |
hat you can always trust a majority |
f the people. This is not invariably |
rue; and every limitation imposed by |
he people upon the power of the ma |
GRITTY in their constitutions is an adj |
mission that it is not always true.
No honest, clear-hea ded man, however
,reat q lover of popular government, |
an deny that the unbridled expression
IF the majority of u community con-
'erted hastily into law or action would
ionietimes make a government tyran-
,hecks upon the hasty action Of the
majority.
The constitution distributes the func-
ions of government into three branch /
's--the legislative, to make these laws; |
he executive to execute them, and /
he judicial, to decide in cases arising !
before it the rights of the individual
rs between him and others and as be- |
ween him and the government
TIE legislative and executive branch !
IS are represen tative of the majority of |
leople which elected them in guiding |
he course of the government within |
he limits of the constitution. They |
aust act for the VIII Die people Of course; /
lut they may properly follow. and us
rally ought to follow the views of the |
majority which elected them in re-
ipect to the governmental policy best I
ldaDted to secure the welfare Of the
Whole people.
Duties of the Judiciary.
But the judicial branch of the gov
rnment is not representative of a ma
GRITTY of the people in any such sense,
ven II the mode Of selecting judges Is
~ popular election. In a proper sense,
Judges are servants of the people. that
81 they are doing work which must be
lone for the government and in the
interest of all the people, but is it not
work. i'm the doing of which they are to
ollow the viii of the majority except
IS that is embodied in statutes lawful
y enacted according to constitutional
limitations.
They are not popular representatives.
IN the contrary, to fill their office
properly, they must be independent.
they must decide every question which
ONES before them according to law
nd Justice If this question is between
fnpx- will fpIIovrr !
n the unwritten law if no statute an