Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-02-21

that there must be no appeal To the
people from the decision OF court
In any case. and that therefore tho
judges are TO be established as sovor-
olgn rulers over the peopl1
Il take absolute Issue with all those
who hold such a position. I regard
It as a complete negation OF our whole
system OF government. and x IL be-
came the dominant position IN this
country. II would mean the absolute
upsottmg OF both the rights ana the
rule OF the people. II the American
people are not "a for popular gov
eminent and II they should OF right
be the servants and not the masters
OK the men whom they themselves
put in Office, then Lincolns work wos
wasted and the whole system Of GOV
/ ornment upon which this great dem
ocratic republic rests Is a failure.
! believe, on the contrary with all my
heart that the American people are
/ M for complete self-govcrnmeni, and
! thar. In spite OF all our failings and
/ shortcomings. We OF this republic
/ have more nearly realized Than any
other people on earth the ideal OF
\ justice attained through genuine pop
uiar rule
III the covrts have the FINAL say
SO on all legislative acts. ana u no ap-
peal can lie from them TO tho pco-
pie. then they are the irresponsible
masters of the people. In other
! words. those who take this position
hold that the people have enough in
telligence 90 frame and adopt con-
stitutlon, but not enough intelligence,
To apply and interpret the constitution
which they themselves made.
Now the power TO Interpret Is IN,
power TO establish and u the people
are not 20 be allowed finally 10 in
turpret the fundamental law, ours /.
not a popular governments
"A typical case was the decision
rendered but few months ago b.
the court of appeals of my own state
the state Of New York, declaring un
constitutional the Workmon's com
pensatlon act The Judges admitted
that other civilized nations have abol
ishcd those wrongs ana practices Bu
they took the ground that the con
sututlon of the United states Instead
of being an instrument 20 secure jus
tice, had been ingeniously devise
absolutely TO prevent Justice The
inaited that the constitution had per
manently cursed our people with Inn
potence 90 right wrong, ana had per
petuated cruel lniquity,
mo anarchist orator. ravlng againa
the constitution, ever framed an Ia
dictment OF Il 80 severe 40 these wor
thy and woll-meauing judges must D
held 90 have framed " their reason
: ing be accepted as true. In its 90
senoe il was reversed by tho docisio
OF state courts in states Ike Wash
ington and Iowa. ana by the suprem
court OF the nation In case but
few weeks old.
IL know OF no popular vote hy an
state of tho union more flagrant d
ia defiance OF right and Justice, NOR
: saort-slghtcd la IFS inability TO fac
the changed needs OF our civilization
than this decision by the highest coui
] OF the state OF New York Many I
the Judges OF that court ! knew pei
! sonally. and for Thorn ! have "a pre-
found regard. Even for as flugrar
: decision az this / would not vol
+ for their recall: for 1 have no douf
? tine decision was ronuorCd iR accord
ancc with their ideas of duty, ia
most omphatloally ] do not wish tha
j the people should have the right
, recall the decision Itself and author
ntivoly 20 stamp win diaapprov'
what cannot but seem Co the ordinar
plain citizen q mOnsirous misconstrue
ton OF the constitution, Il monstrou
I peryorsion OF tho constitution into "a
instrument for the perpciuation
social and Industrial wrong and 6,