Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-03-08

constitutions 0f the several atatoe
which. IN the event Of a clash between
the legislature and the court as 20 tho
COnEtilutionallty of such legislation
90 ! have spoken of, should permit
the people themselves to decide what
the true Interpretation OF the consti-
tuition ia ! ann not concerned with
ltefmlIoiogy Whether thls Is called
referendum 10 The people or wheth-
cr n ia called shorter and simpler
way OF amending the constitution. 20
my mind matters nothing The e8-
sential thing IL to get che power for
the people
II IL not merely untruthiul but silly
to say that snch process would leave
us "at the mercy Of the mob. such
process as ! advocate would take
at the very least two yeas time. II
IN two years the people cannot come
q sober and deliberate Judgment
then II ls impossible that they should
ever 80 come u they have not the
character and the intelligence % en-
able them after two years doliDera-
ton, after seeing the whole matter
threshed out hy the legislature and
before the executive and BY the court
and finally by public speakers IN an
election. To themselves decide what
thoy meant when they framed the
constitution. then Il Is idle to talk
Of their being fit TO frame constltu-
ton.
The wisest Judges have always fully
recognized this right Of the people 10
rule. this right OF the people TO be
their own masiers and ultimately TO
decide their own policy. As former
Chief Justice Campbell Of Michigan
said 1.-THE greatest knowledge tnat
we have IN this world Is Tie common
knowledge Of the common ncoHlc 7
10 rot propose ~ give The people ans
new power / propose 20 restore 20
shem The power out OF which they
have been doirauded. the power
which II is their right and their duty
10 exercise. ] propose 60 provide n
better and more effective method for
the exercise OF the power reserved
and inherent in the people TO make
or unmakc their constitution or con-
strue the constitution in accordance
with their we'll considered needs. 1
preach no new doctrine. The proposal
that [ make for the several states
WAS IN NNAuNA NAANAtAA nNN'A w." ~
fho pooplo of this whole nation but o
very short time after the constitution
was adopted. The United states dis
trlct Judge for the eastern district OF
Arkansas. Judge Tgiebei, ~ lsot. IN
an article in the American law re-
view" discussed the decision o. the
supreme court OF the United States
when, but two or three years after y
mad come into being, It decided that
under the language OF the constitution
state was liable to be sued In that
court by a citizen OF another state or
of a foreign country. In consequences
OF this decision the eleventh amend
ment 70 the constitution was adopted.
Says Judge Trieber: "The amend
ment, II will be noticed from the Ian
guagc used. does not aim 10 change
the constitution, nor even add any
limitations not In the instrument, but
Is merely explanatory. and IN effect
reverses the decision OF the supreme
court rendered IN Chisholm vs.. Geor-
gia by declaring that the judicial
power of the United states shall not
be construed to extend 10 any suit
In law or equity commenced or prose
cuted against one OF the United
States by citizens Of another state, or
By citizens or subjects OF any foreign
country" Judge Trieber also refers
10 the decision rendered IN another
case by the supreme court through
Mr.. Justice Bradley, when. In speak
Ing OF this eleventh amendment, the
court said: This amendment. exc
pressing tina viii OF the ultimate SOW
ereignty Of the whole country. supe-
riOr to all legislatures and all courts.
actually reverses the decision OF the
supreme court"
Il thus appears that n has been
officially recognized by the supreme
court, as Is set forth IN the words OF
Justice bradley, that the people az
the United States have actually con
strued for themselves the constitution
OF the United states, reversing and
overriding the decision OF the supreme
court In so doing. All / ask Is that
what the people of the nation have
actually done the people Of each state
shall actually be- allowed 10 do. Let
tho power so secured 20 them be a
real and not a nominal power. pow
er OF actual exercise: power which
shall not be exercised save after sober
"HA ANttHNAAAA AAhuhtttf RhA which
shall permit such sober and deilber-
ate Judgment o. the people to become,
as u should become the unquestlon-
cd law Of the land
In concluding, then lot me ask
those who disagree with me frankly
to state whether og not they believe
that the people have che right 10 rule
themselves, and TO settle for iham.
selves the course they wish to pure
sue as regards great and vital luC6-
lions az public policy N ou opnl
nents do NOT believe IN this right of
The people, then they must rcpudiato
the principles and the policies Of Abs
raham Lincoln If they are true TO
The teachings Of Lincoln, II they 90
believe Ia the right OF the people 10
rule, then they are bound also 10 hold
that the power OF the people. IN the
language of Mr. Justice Bradley
speaking for the supreme court. us
superior 10 an legislatures and an
courts and expresses the Wili Of the
ultimate sovereignty OF the whole
country"
GIRLS DO RECRUITING