Perth Amboy evening news., 1912-03-09

What Wshstsr eald.
Icannot state the necessity for main
tanning the checks and balances In q
| constitution to secure the guaranty OF
individual rights and well ordered lib,
erty better than by quoting from Dan.
lei Webster. He said
1.-THE first object OF a free people II
the preservation OF their liberty, and
liberty Is only 10 be preserved By
maintaining constitutional restraints
and Just divisions OF political power,
| Nothing Is more deceptive or more dan
| gerous than the p~retense OF a desire TO
simplify government. The simplest
| governments are despotism, the next
| simplest limited monarchies, but all
republics. all governments Of law, must
Impose numerous limitations and quail
iications of authority and give many
positive and many qualified rights. III
other words, they must be subject to
rule and regulation. This Is the very
essence OF free political institutions
The spirit OF liberty is indeed a bold
and fearless spirit, but it IS also q
sharp sighted spirit. 1t is q cautious.
sagacious, discriminating, ~farseeing In
tellgence. 1t Is Jealous of encroach-
ment, Jealous Of power, Jealous Of man
1t. demands checks; it seeks for guards,
1t insists on securities; 1t fntrenches IT
self behind strong defenscs and forth
fees itself with all possible care against
the assaults Of ambition and passion
1t does not trust the amiable weak
nesses Of human nature, and therefore
1t win not permit power to overstep It's
prescribed limits, though b~enevolence,
good intent and patriotic purpose come
along with 1t. Neither does it satisfy
itself with fashy and temporary re-
sistance to illegal authority. Far 9TH
erwiss. It seeks for duration and per
manenee. 1t looks before and after
and, building on the experience OF
ages which are past, It labors dill
gently for the benefit of ages to come
This is the nature of constitutional lib
erty, and this Is our liberty, II we viii
rightly understand and preserve it.
every free government is neces-
sarily complicated because all such
governments establish restraints as
well on the power of government it,
self as on that OF individuals. IL we
will abolish the distinction OF branches
and have but one branch, IL we will
abolish jury trials and leave It all to the
Judge, II we will then ordain that the
legislator shall himself be that judge.
and IL we will place the executive pow
err In the same hands, we may readily
simplify government. We may easily
bring 1t to the simplest Of all possible
forms-a pure despotism. But a sepa
ration OF departments SO far az practi
cal and the preservation Of clear lines
OF division between them Is the funda-
mental idea in the creation of all our
constitutions, and doubtless the CON
tinuance Of regulated liberty depends
on maintaining these boundaries"
Judges Not Representative.
These checks and balances, as has
been pointed out, include the division
OF the government into three independ-
emit branches-the legislative, execu-
live and the judiciary-and the provi-
sions by which usurpation BY one Of
the functions eft another Is forbidden.
The executive, while he Is bound to
act In behalf Of all the people and TO
regard their rights, Is properly intiu-
enced by that discretionary policy
which he was elected by his ~constit-
uents to carry out. In that sense he
represents the majority OF the electo.
rate. So, too, the legislative members
elected to uphold certain government
tai views Of the majority viii properly
favor the embodiment of such views
in valid Legislation.
But the judiciary are not representa-
tive In u such sense, whether ap
pointed or elected. The moment they
assume their duties they must enforce
the law as they find 1t. They must
not only interpret and enforce valid
enactments Of the legislature accord
ing to its intention, but when the legis-
lature In Its euactments has trans
crossed the limitations set upon its
power IN the constitution the judicial
branch of the government must en-
force the fundamental and higher law
by annuling and declaring invalid the
offending legislative enactment. Then
the judges are to decide between indi-
viduals on principles Of right and JUS
tice. The great body Of the law Is UNI
written, determined by precedent and
, founded on eternal principles OF right
and morality. This the courts have Co
declare and enforce. As between the
Individual and the state, as between
the majority and the minority, us be
tween the powerful and the weak.
financially, socially, politically, courts
| must hold an even hand and give
judgment without fear o. favor. In
SO doing they are performing a gov
| ernmental fusction, but 1t is a com.
plete misunderstanding Of our form OF
| government or any kind Of govern
ment that exalts Justice and righteous
ness to assume that judges are bound
to follow the viii of the majority OF
an electorate In respect OF the issue for
their decision In many cases before
the judges that temporary majority Is
4 real party TO the controversy to be
decided. 1t may be seeking TO deprive
an individual or d minority OF a right
secured by the fundamental Law. In
sach q case. Ii the judges were mere
| Representatives or agents OF the ma
jority to carry out its win. they would
lose their judicial character entirely,
and the 40 cqllaa AL uafpistrgt}on OF