The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-09-15

not made. This refusal has disfran-
giving that population no voice in the
government of the State where they
| havc made their homes 1t was for
precisely this refusal of representation
/ that the colonies of this country re-
VOTED from Great Britain And vet
we see that same refusal TO give rep.
rcscntation to the people repeated here
In Utah hundred and thirty.six years
after the immortal Declaration of In.
dependence. The Progressives have
here strong plank upon which they
can appeal to the sense of instice Of
the people.
The arraignmcnt Of the Republican
State administration for It's refusal to
ratify the constitutional income tex
amendment after the party had gone
10 the people on pledge that it would
so ratify, and after the administration
rs whole and the legislature in It's
entirety WAS elected under that pledge,
is caustic criticism Of public official
dom but entirely just. Here the Pro.
gresSiycs catch the stauiputtcrs in this
State in PLAIN breach Of faith with
the public,
Another strong plank in the plat
form is where il recites that "Repub-
lican officials have placed over a mil
lion dollars in State funds in favored
banks in which they arc officers and
directors, without dollar of interest
to the people, The platform well
says that Gin these things and in many
others the State Republican party has
worse, and when the Progrcssives
pledge themselves to remedy these
evils. they certainly provide themselves
good leverage for The prying off OF
votes for themselves.
The pledge to simplify legal proceed
ure aud reform judicial methods in the
State of Utah is sort of indefinite,
vague pledge that must be classed
with SO many OF the platform pledges
and promises in speeches made by the
third term party speakers In the pres
ent campaign. There is, as a matter
Of fact, great need for reform in these
matters; but merely to pronounce for
reform without specifying how reform
is to be brought about amounts to
little.
The general run Of the platform is
mere padding; but where it declares
that "There is no good reason in logic
or experience why the courts should
have the ultimate authority to deter
mine the constitutionality Of statutes
passed under the police power by
competent authorities, the declaration
is unsound. There is absolute reason,
in logic. necessity, and precedent alike,
for such jurisdiction; for If we did not
have some means Of determining the
consonance OF statutes enacted to con-
provisions, we should very
soon be in an inextricable tumble of
laws and statutes, and
our courts might grope in vain, and
the average citizen who supposed he
had rights under the law and constitu-
tion would be absolutely lost, and his
cause defeated, 1t is surprising that a
plank of this kind could get through
q convention of Intelligent men. 1t
Is true, as stated, that In other coun-
tries courts DO not have this power,
but that is because those countries
have no governmental basis in writ
ten constitution. Their basis is prcce-
dent and Legislation alone, but even
in those countries it is the province
Of the courts, and the courts exercise
their function fearlessly, to reconcile
statutes where they apparently con.
aict, or to set aside one statute In fa~
vor of another where the conflict is
irreconcilable. So that the courts in
those countries have practically the
same power that courts in this coun,
try have, and necessarily so, because
the courts, by the common consent Of
civilization and in order that the peo-
pie rights may be retained, must act
and must decide.
Altogether, The Tribune is glad to
see this movement in the interest of
popular rights. In that respect it car
ries with it a doctrine much needed
in Utah, and the prevalence of which
is necessary before the individual rights
Of the people can be firmly established.
THE CHURCH ORGANS SQUEEZE.