The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-01
| You'll Have "G@d Luck in Selling It il Your A is "1hr" When the Wdutbe BUYER Looks For Il

etWee private parties is judicial,
and a only be conferred on the
courts. But such a definition does not
necessarily include this case. The in
cumbent of an office has not, under
our system of government, any prop
erty in it. His right to exercise it is
not based upon n contract or grant.
1t is conferred on him as a public
trust. to be exercised for the benefit
of the public. Such action by admin
istrative oil executive officers is not
judicial in the sense that it belongs
exclusively to the courts. 1t may he
so far judicial that such an officer So
exercising judgment and discretion in
the determination of c~ontrovcrted
questions of fact. may he protected in
an determination of the
matter before him. but not so far jul
dicial that the subject matter is cog
nizablc by the courts only. All jul.
dicial power by the organic act, like
the constitutions of the states and of
the nation, is vested in the courts. II
prohibition upon it's exercise by the
executive or legislative department;
but the judicial power therein ION.
fcrrcd upon and limited to the courts.
is that judicial power which in tho le-
gal acceptation of the words can be
exercised only by the court. 1t is the
power which is confined TO the courts
by the words of limitation in The con-
Seietutoh ilSCIi, lidt 10 person Sl1dIl
be deprived of life. liberty or prop
erty, without due process of law" In
other words. the courts have exclusive
power I" hear and determine those
matters which affect the life or liberty
or the property of the citizen; all
other rights. while they may be in a
sense judicial. are not SO far within
the jurisdiction of the courts that
their exercise by another department
would he void. Is the right in rom
troHcrsN of that character Does it
affect the life. the liberty or the prop
crty of the citizen? Judged by this
test, it is not a judicial power. 1t is
courts. and its exercise is highly jul
dirial in its character: it often in
wolves close and contested questions of
TACT, and nice and delicate discrimina-
ton in the application of law, but ii is
the subject matter not the pro-
cedurc that determines jurisdiction.
The authorities hold that removal
from office is Il judicial power and can
he exercised only by the courts are
based upon the theory that an office
is in the nature of a property right,
and that tho citizen can he deprived
of it only by due process at law"
while the other line of decisions holds
that under our form of government.
there is no property in an office, that
oftlc"s and officers are for the benefit
of the people. and not for tho benefit
OF tn" officers. and that whenever the
officer fails to perform tho duties of
the office, the office becomes for
fcited. and that the only object of
the examination necessary to deter
mine such forfeiture is such as will
establish the fact not tn the satisfac-
ton of. or for the benefit of. the in
rumhent, but L" tho satisfaction of
the executive department Which is
charged with the execution of the
laws, and thai hence the removal may
he summary, or upon such imvcstiga-
ton as may be prescribed by the leg
islativc department.
Has Twice Failed.
Twice | secured planks in the plat
form upon which l was II candidate
of "a law giving the governor the
power of removal. and twice | rccom-
mcnded the enactment of such lcgis-
lAtion to the legislative assembly. 1t
has been before three Legislative as
semblics and has failed to pass and
ment there is a moral obligation upon
the legislative assembly tn pass such
legislation. it is under the decisions
only a moral obligation. 1t can only
he secured by the election of senators
and representatives sufficient in num-
Der to secure its passage. Ii YOU be-
lieve that such q law will be = benefit
to your organization. and be in the
interests of law enforcement and bet
ter government. then as an organiza-
ton secure if possible a plank in the
platform of each political party in
favor of the law. Give Your support
TO the election of senators and repre-
sentativcs who favor it. and in the
meantime appeal to every influence at
YOUR command TO create a sentiment
in favor of the enforcement of all the
laws in every part of tho state. 1t is
not difficult To create a sentiment for
law enforcement. There is no arcu-
mcnt against it. Nearly every one
wants to- do right. and many do wrong
through a misundcrstan ding of condi-
tions. From their point uf view they
think they are doing right, whcn i'm
fact they are doing wrong. ON this
question VIC should all have the same
Viewpoint, namely: that all laws arc
made for the benefit of the people,
for the protection of life and proper
~. and that it is incumbent upon
each and every one Of us not only to
obey them but to use our influence
for their enforcement
.Aakcr's Address.
Declaring that the Representative
system of government never has been
and never will be the government by
the people until the initiative, refer
dunn and recall shall he made funda-
mental provisions in state and nation
al constitutions. II. ii. Aaker of Far
60 spoke Very strongly ir favor of
these reforms before the annual meet
ing of the enforcement league last
night. After explaining the way i'll
which the system would work. MIR.
-Aaker told of the need existing for
it in both state and nation.
He cited the passage of tho Payne
Aldrich tariff bill, the election of
men like Lorinier and Stephenson to
the senate. the decision of the SUI
preme court on the trust cases. the
passage of capital commission bill. the
amendment of the drug prescription
law. by which he said the bars of the
drink traffic We're virtually thrown
down. as instances to show that the
people really did not rule. He declar-
cd further that the local option law
had been delayed for years in Minne-
sofa because the people could not ex-
press themselves directly.
Among the avs which the speak
or believed would be passed il the
initiative were in force would be the
anti-pass law and laws for strength
ening the prohibition provisions of
the constitution. Constitutional
amendments for the election of Unit
ed States senator's by direct vote.
rule for cities and the recall of ali
elective and a%ppointive officers includ-
ing judges.
The great question: declared Mr..
Aaker, not alone in this state but
more so in tho nation 10. el,,I ~,