The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-04-03

/ stateute in its attempt to interfere
with the property and liberty Of wo-
men without due process Of law"
Mayor Gaynor further says:
1T Is not at all to be wondered st
that such decisions should provoke a
widespread dissatisfaction with the
courts The just feeling pervadng
the community IS that bench Ct
judges is no more competent than the
legislature to decide as to the wisdom
or necessity Of such laws for the
health, safety and progress, and tile
material and moral welfare of the
community That is a matter OF en-.
lightened opinion which the courts
have no right to arrogate unto them
selves The courts of England 90
not do IL nor do the courts of any
other country, except ours. And ours
base the right to do so on fundamen-
tai or constitutional provisions for
the safety Of liberty and property,
which are not peculiar to this country
at all, but are to be found in all sys-
TENS Of government and jurispiu-
dence. No such meaning was ever
given to these safeguards OF property
and liberty until by the judges in
this country It is judge-made law,
pure and simple.
lie next refers to the decisions de.
clarlng void the statutes seeking 10
regulate the hours and wages Of Ia.
borers upon municipal works. The
decisions went 10 such lengths that
the courts could not reconcile them,
and the learned judges fell to rldl.
culing and bantering one another for
the extremes Of their utterances, until
finally the exasperated people Of the
state swept them all out of exist
ance-'recalled them, if you will-by |
a constitutional amendment"
Some aspirants for the office oi
president" Mayor Gaynor goes on % |
say, are just now talking about the
recall Of judicial decisions as though
i were a new idea. 1t is not new at
all. We have been doing it for long
time, and we shall have to do a good
ieal more of it before we get through
We do it very easily in this state, be.
cause our constitution itself requires
hat We have a new constitutional con-
'ention every twenty years; and
meantime we frequently pass eonsti-
utional amendments. It were well If
he constitution Of the United States
we're amended by the addition OF
provision requiring ii to be reconsid.
'red by a constitutional convention
very twenty years, the same as m
his state, and in many If MOI most Of
'ur states. A constitution must grow
md change, like everything else, but
he more gradual the better
That is the way to amend constitu.
ions and gradually and pru.
Iently- But the class of decisions
which l have mentioned never had
ny justification under the oonstltu.
ion, and It is annoying to have TO
'eep on amending the constitution to
ullify them"
Lastly Mayor Gaynor comes to the
Iecision Of the court Of appeals last
ear which overthrew the employers
liability statute. Judges. says Mayor
iaynor. save clumsily said that The
lsks OF employment are assumed
" workmen, whereas the truth is
ueh risks are thrown upon them. pho
talute changed the common law rule
9 as to take such risks off the en-.
'loye and put them upon the employ.
f but the court declared this stat.
tie unconstitutional upon the ground
nat i was taking property without
ne process Of law Mayor Gaynor
lfgues that it did nothing OF the sort
md asserts that the legislature had
right to change the common lay
ule He says
We are soon to have a new consti.
ational convention in this state. and
trust that il win make short work
I this deeision-that it win recall
without seraple Or hesitation. It IS
ltitul q see such decisions IN this
oun'ry rhirty-two different govern.
lents Of the world, IN fact, every civ.
l1eo government IN the world outside
this country, has an employers, l,a.