The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-06
ROOSEVELT ERRS.
lcontlnued from Page one.l

| Continued from Page One.)
stitutional legislation is thus describ-
ed in an Australian law book called
! Quick and Garran'S Annotated Con-
stitution,' Sir John Quick, one of the
authors, having been a member of the
Australian constitutional convention:
| In the exercise of the duty of inter
probation and adjudication not only the
high court. but every court of competent
jurisdiction, has the right to declare that
a law of the commonwealth or of a.
! the constitution. This is a duty cast upon
| the courts by the very nature of the
judicial functions. The federal parliament
and the state parliaments are not SOW
ereign bodies; they are legislatures with
limited powers, and any law which they
attempt to pass in excess of those pow
| ers is no law at all; it Is simply nullity,
entitled to no obedience The question
whether those powers have in any in
stance been exceeded is, when 1t arises In
a case between parties, a merely judicial
question, on which the courts must pro-
nounce.'
Number of Cases Cited.
I'VE have presented to us the re-
marlable spectacle of the Queen,
Lords and Commons of Great Britain,
in the year of grace, 1900, putting into
effect for the government of the peo-
pie of a continent a written conStitu-
ton modelled upon that of the United
MANY constitutional questions have
been decided and the utmost familiar
| ity is shown, both by counsel and by
court, with the decisions of the su-
/ preme court of the United States.
Numerous laws affecting human
rights from vital standpC/ ht-laws
affecting the terms and coalitions OF
| life and employment among wage
WOrISerS-haVe been held to be unCOn-
stitutionaI.
I'm the Union Label case it was
held that q federal act esta bliSh1ng a
| workers mark, intended to promote
| the interests of union labor, invaded
| the power of the separate states over
domestic commerce and industry. In
| the State Railway Servants case 1t was
held that the inclusion in federal
act of disputes relating to employment
| on state railways made the act as
their expression is, ultra wires. The
excise tariff act of 1906 undertook, by
| means of excise duties on manufactur-
| ed goods, to apply the principle OF
what is known in Australia as the new
1 protection which aims to secure to
| workmen a reasonable share of any
profit accruing to employers from
| to be void. A list prepared in July OF
| last year includes seven decisions of
| this kind.
Court Must Be Final Arb1ter.
I'm directing the attention of the
people of the United States to the gov
eminent of Australia Colonel Roose-
welt failed to refer to one very per-
tinent matter. His remedy OF an APP
peal to the people from the decisions
| of the courts on constitutional queS-
tions was presented to the Australian
| Constitutional Convention, was fully
debated, received no substantial sup
port except from the members pro
posing it, and was finally withdrawn.
| I'm the debate these significant re-
marks were made:
q Tt is quite impossible that the peo-
pie can sit as Judges, because the
| function of Judges is one thing, and
| the function of electors of the Com
monwealth is quite another thing L
am not confounding these two The
people are absolutely incompetent 70 8.
| Judge whether a certain law is or is
not ultra wires, and would NOT
| dream of committing that charge TO
the people, for there are no persons
less fit than the general electoTs-taR X
en- all together on a referendum-or
any country to decide whether this or
| that is a law.
| The people are undoubtedly the
best authority on the making OF Ola Iaw vs.,
| the reading of a law or on ques-
| ton of law. To make an appeal TO
| the people upon whether the court was
right or wrong would weaken me e au Az
thority of the court, which, II II De
an arbiter, must be the final arblter'
The English Situation.
| "Creat Britain has no supreme Ia"
vhicl, takes the form of a written con-
! stitution. Parliament is supreme.
! There is no document in which the
| neople have said to the parliament thal
no law establishing religion or Ia"
taking private property without COM
4 pensation shall be passed Consequent
| ly acts of parliament may, IN GER
| tain sense be said to take their place
| as thew are passed, in the fabric or the
only constitution they have.
| sTf an act be insisted upon as the
ono which governs a controversy, ana
| a later act be discovered relating to
fine same subject, the court interprets
the provisions of each, following the
same methods and using the same rules
adopted by the American courts to as
certain the true scope and purpose OF
each. Having discovered the meaning
| of each act the court compares them
and if they conflict decides the case
according to the one which is superior
in authority.
| "In such cases the court simply
compares law with law, the same as
| an American court would company
| law in the form of constitution with
| event of conflict between them acts
| under the one which is supreme.
| "TJsing our phraseology, the will OF
the people' is always sought for. In
/ england the choice is between d1frerent
acts of parliament. In this country II
is between the constitution and stat
ute In England this function mas
been performed in reference TO acts
1 concerning the jurisdiction of courts
and consequently properly falls within
the domain of English constitutions
law.
| The Case in Germany.
I ssrrro,,o +he hest authority at my COM