The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-22
SUPREME COURT AND REPREsE NATIVE
GOVERNMENT

SUPREME COURT AND REPREsE NATIVE
GOVERNMENT.
However much We may deprecate the spread
of governmental doctrines seemingly at vari-
ance with the spirit of the Constitution of the
country, 1t must be remembered that these ques-
tions are, within their respective scope matters
for the decision of the people. Long develop
ment, punctuated by war, has defined a certain
class Of constitutional guarantees which are
taken to concern the country at large. Other
matters within the purview OF government con-
Germ the States. Anything that tends to i'm
pinge on the residuum of States rights is not
alone loss to the States, but to the republican
character Of institutions at large.
Refusal of the Supreme Court of the United
States to pass upon the consttutionality OF the
initiative and referendum. brought to issue by
an appeal from Oregon. is therefore matter for
general congratulation. The distinction could
not have been more soundly stated, that the
propriety Of such legislative method is po-
litical and not judicial question. Had any of
the guarantees OF the Federal Constitution been
violated. the Supreme Court would have been
quick to give redress. That, however, was not
the contention. but that the tax complained OF
was improperly levied because the State that
imposed 1t was not governed as State ought
to be governed under the Constitution. Faced
with such a plea, the Supreme Court justified
Its existence as a coordinate department of the
government when it declared that such ques-
ton was not in its jurisdiction, but that of
Congress to determine.
The safety of the United States depends
largely upon the free exercise of the govern
menta power of the States it does upon the
paramount rule OF the government whole.
For years the conflict has been shaping itself
to decision to where the one incident of
republic leaves off and where the other begins:
AS the government has apparently encroached
step by step upon the States. the fear has risen
that the final authority was being unduly con-
centrated. But long the Supreme Court
follows out its consistent distinction between
questions judicial and those political, that fear
! is groundless except to those extremists who
! are impervious to the argument of established
fact.
sentative in the sense of the Constitution, the
t appeal lies not to the courts, but to the exist
| Ing representative court Of appeals. which Is
/ Congress. Representative" is not word that
lends itself to any definition except the broad
meaning Of the term itself. That Is. State
! government Is representative" II Congress,
which is the representative body OF representa-
i No
| last analysis, back to the people. II can
not be made the pretext for the decision of
questions purely judicial In their character,
| Whether the initiative and referendum are
compatible with representative government
| is. therefore. a question for Congress- and not
for the courts, In practice. 1t is a question to
be decided by the people concerned. So much
is granted by the central government to the
opinion OF it's different parts. In the case OF
Arizona. for instance, which was kept out OF
the Union till 1t recanted upon the recall in
accordance with the opinion of the President
and Of Congress- what was a proper objection
to the admission of State will become. wher,
these methods are adopted by the State. logi-
cal concession to sovereignty participating in
the general government. deal OF bombast has
been uttered concerning the "usurpation" by
the Supreme Court of the function Of govern
ment; it's latest refusal to do more than apply
!. the established. constitutional guarantee and
prohibitions to the administration of the law
it, however, no more than cumulative evidence
of the falsty of such charge.
General Oepina apologies by repeating what