The citizen. (Honesdale, Pa.) 1908-1914, 1911-08-23
the judicial recall it should be dis.


proved.
A government is for the benefit ut
all the people. We believe that IN
benefit is best accomplished by polu
lar government because in rhe ioiia
run each class of individuals is apt ~
secure better provision for themselye'
through their own voice in govern
ment than through the altruistic in.
terests of others, however intelligent
or phlanthropic. The wisdom of ages
has taught that no government can
exist except In accordance with laws
and unless ten people under it either
obey the laws voluntarily or are made
to obey them. In IL popular govern
nent 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 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
for the benefit of the minority as well
as the majority. But all have recog
nized that the majority Of a people
unrestrained by law when aroused and
without the SOLDERING effect of delibera
ton and discussion, may do injustice
to the minority, or to the individual
when the selfish interest of the major
| ity prompts. Hence Arizona'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-
perience has shown to be necessary to
secure for the majority its share of the
benefit to the whole people that pop
ular government is established to be-
stow.
A popular government is not a gov
ernment of a majority, by a majority,
for a majority of the people. 1t is
government of the whole people, by u
majority of the whole people under
such rules and checks as will secure a
wise, just and beneficent government
of all the people. 1t is said you can
always trust the people to do justice
If 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 majority of the people
This is not invariably true, and every
limitation imposed by the people upun
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 lover of popular govern
ment, can deny that the unbridled eX-
preston of the majority of com
munity converted hastily into law or
action would some time make a govern
ment tyrannical and cruel. Constitu
tions are checks upon hasty action Of
the majority They are the self in
posed restraints of a whole peoIre
upon majority of them to secure
sober action and respect for the
rights of the minority and of the in
dividual in his relation to other ndi-
viduals and in his relation to the whole
people in their character as a state or
government.
The constitution distributes the fun
tions of government into three branch
es-the Legislative, to make the laws;
the executive to execute them, and the
judicial. to decided in cases arising be
fere it the rights of the individual as
between him and others and as be
tween him and the government. This
division of government into three sep
arate branches has always been re
garded as II great security for the
maintenance of free institutions and
the security is only firm and assured
when the judicial branch is independ-
ent and impartial. The executive and
legislative branches are representative
Of the majority of the people which
elected them in guiding the course of
the government within the limits of
the constitution. They must act for
the whole people of course, but they
may properly follow and usually ought
to follow the views of the majority
which elected them in respect to the
governmental policy best adapted to
secure the welfare of the whole peo
pie. But the judicial branch of the
government is not representative of q
majority of the people in any sucl
sense, even if 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 fol
the government and in the interest OF
all the people, but it is not work ir
, which the doing of they are to follow
the will of the majority except as tina
is embodied in statutes lawfully en-
, acted according to constitutional linn
itations. They are not popular rep
resentatives. On the contrary, to fl
their Office properly they must be in
, dependent. They must decide ever!
, question which comes before them ac
+ cording to law and justice. If thi
question is between individuals the!
will follow the statute or the unwrit
ten law if no statute applies, and the!
take the unwritten law growing on