Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-08-15

ornmcnjal policy best adapted 90 se.
cure the welfare oi the whole people
bu' the ildicim branch ~ tie gov
ernment ls NOT fspresnWNtlvo OF q
MINORITY of the peuTde 'n any snch
sense, even 10 the mode OF selecting
ludgcs is by popular election 100 20
proper sense. Judges arc servants OF
the poopl" thar is th. are doing
work which must 1, done 'ur The gov.
crumont und IN the Interest oi AN thc
people. but it is uo. work in thp loiug
OF which they aic TO follow thc VIII
oi the majority except us that ls cm.
bodied IN statutes lawfully enacted
according 20 constitutional hmiuu.
lions
They are NOT popular rcue-vnIJ-
tiycs. On the contrary, to GIl their
otdTc. prupcrN tNDy must n. lu1c.
pendent They must dccjd. rror.
question which cOWcs hctury thcW
accordiue 20 Law and Justice I This
question .s between individuals thcy
viii follow the state. or the uIwriftou
law. n no statute applies and they
take the unWr.ttcu law growing ont
uf tradition and custom from prryi.
ous judicial decisions
"a case before the:n is not lawfully cu.
acted bccuusr 8. violates the cousti'ur
tion adopted by th, people then they
must ignore the statute and decide
the question as 10 the statute hud
never been passed Their power Is
judicial power imposed hy thD uD1
plc on the Judges ht the written CON.
stitutiOn
IN earl, days SOM. argued that The
ohligations ot Iup constitution opcr3'-
Cd ditaCrly on the consclcpCc oi itr
legislature aud only ia tha. matte.
and that Il was tu De- cunClusiNgly pg"-
sumcd thar whatever was done 10. tua
legislature was constitution Hut such
o NieV did not oulnu with our hard.
headed, couragcous and lareisn'Dl
statesmen ana IudgDs and ~ was soon
settled that it was .no duty ol IuIar1
in canes properly arising before fH'm
TO apply .hc law aHd so to declare
what was The ,uN and that it What
purportod Jo np statutory Law WAS J'
variance with tho fundamental Jaw.
g. a.. the constitution the sptW.u.
statute vas not law at all. was hIud
ing uu the courts lc individual or
auN branch uf OH, government Iui
that it WAS the duty of The JUDI. $50
'n decide
This never .uuurUrd on 90, iu|...
nN 300 our form ni government Ie
unilu, iu th, HISTORY uf goyorum ut..
aud Its operation haas attracted JaI
deserved tar bd,uutiou and common
daupn of ha world 30 gives CO. nur
ludIunr, % position higher, stuusrr
aud mur, responsible. than tnuf uf tno
Judiciary ol ANY un.r country. aud
NOR, effectively secures adhrreuu, tn
th' fundamental Vi' of tho people.
WHAT aay, -H.u has been tu u'r,
purpus, if 30 ua- uut shown thlf
Judges. O" tulnlI their functions prop
'rI, ia our popular government wu-i
hr more independent than u ur
other torm uf government aud that
urod ut Independence b. greatest
where the individual is one uuwut
and go, state, guided Dos th, -au..-.-
iul and soNsrnIug majority Is the
uth q lu order tu maintain tn, rIsht.
of enc majority and cot thc IldiyIduai
and to prrsrrye our constitutional
basic wc must hu,, Judges with eour.
az, o. decide against tho majority
when iustic, and l.N require.
RN tae recall Boo thr Arizona .oust.- .-
tuition, it is proposed Co give tu th.
majority power 60 remove arbitrarily
aud without delay ans Judge who MAY
0r1uttuusd AN par, F.lufru b