Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-03-07

they certainly do not prevail in the
State of New York. Therefore hold
that provision should be made in tie
constitutions of the several States,
which, in the event of clash between
the legislature and the court as to
the constitutionality Of such legisla-
ton as l have spoken of, should per-
NIT the people themselves to decide
what the true Interpretation of the
constitution is. am not concerned
with Technology. Whether this is
called a referendum to the people or
whether it is called shorter and
simpler way of amending the constitu-
ton, to my mind matters nothing
The essential thing is to get the
power for the people.
It is not merely untruthful but silly
to say that such process would leave
us "at the mercy of the mob" Such
a process as | advocate would take at
the very least two years. time. If in
two years the people cannot come to
a sober and deliberate judgment
then it is impossible that they should
ever SO come. If they have not the
character and the intelligence to en-
able them, after two years delibera-
ton, after seeing the whole matter
threshed out by the legislature and
before the executive and by the court,
and finally by public speakers in an
election, to themselves decide what
they meant when they framed the
constitution, then it is idle to talk of
their being fit to frame constitu-
ton.
The wisest judges have always full
ly recognized this right of the people
to rule; this right of the people to be
their own masters and ultimately to
decide their own policy. AS former
Chief Justice Campbell, of Michigan,
said: "The greatest knowledge that
We have in this world is the common
knowledge of the common people,"
l do not propose to give the people
any new power. l propose to restore
to them the power out of which they
have been defrauded, the power which
it is their right and their duty to exer.
else. propose to provide a better
and more effective method for the
exercise of the power reserved and
inherent in the people to make or un.
make their constitution or continue
the constitution in accordance with
their well-considered needs. l preach
no new doctrine. The proposal that
l make for the several states was in
actual practice acted upon by the
people of this whole Nation, but a
very short time after the constitution
was adopted. The United States
District Judge for the Eastern Dis
trict of Arkansas. Judge Trieber, in
1907, in an article in the american
Law Review" discussed the decision
of the Supreme Court of the United
States when, but two or three years
after it had come into being, it de.
cided that under the language Of the
constitution state was liable to be
sued in that court by a citizen of
another state or foreign country.
In consequence of the decision the
eleventh amendment to the constitu-
ton was adopted, says Judge Trie-
Der: "The amendment it will be
noticed from their language used,
does not aim to change the constitu-
ton. nor even add any limitations
not in the instrument, but is merely
and in effect reverses
the decision of the Supreme Court
rendered in Chisholm VS.. Georgia by
declaring that the judicial power of
the United States shall not be con-
strued to extend TO any suit in law
Or equity commenced or prosecuted
against one of. the United States by
citizens of another state, or by citi-
zens or subjects of any foreign coun-
try" Judge Trieber also refers to
The decision rendered in another case
BY the Supreme Court through Mr.
Justice Bradley, whe. in speaking OF
his eleventh amendment, the court |
said: "The amendment. expressing |
The will of the ultimate sovereignty of J
he whole country, superior to all |
legislatures and all courts, actually
'everses the decision of the Supreme
Court"
1t thus appears that is has been off,
,ial!y recognized by the Supreme
Court, as is set forth in the words of
Justice Bradley, that the people of
he United States have actually con-
'trued for themselves the constitu.
ion of the United States, reversing
Ind overriding the decision of the
Supreme Court in so doing. All ask
8 that what the people of the Nation
ave actually done the people of each
'tate shall actually be allowed to do.
let the power so secured to them be
| real and not nominal power, a
power of actual exercise; power
which shall not be exercised save at.
err sober and deliberate thought, but
which shall permit such sober and
deliberate Judgment of the people
o become, as it should become, the
law of the land.
In concluding then, let me ask
hose who disagree with me frankly
o state whether or not they believe
hat the people have the right to rule
themselves and to settle for them
elves the course they wish to pursue
IS regards great and vital questions
f public policy. If our opponents
10 not believe in this right of the
'eople, then they must repudiate the
PRINCIPLES and the DOlicies of Abra ham