The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-03-15


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De reversed IN respect TO 4 new iaM
by an amendment with express terms
-Of authority TO epacf such law
An answer made to this is that The
same judges will construe the amend
ment and defeat the popular Will Us
In the first instance. This assume:
dishonesty and gross violation O
their oaths of duty on the part o.
judges, a hypothesis utterly untenable
II the meaning of the amendment !.
made plain, as it readily can be o.
course, the court will follow it.
have examined this proposed
method Of reversing judicial decisions
on constitutional questions with care
] do not hesitate TO say that it lay.
the ak at the foot of the tree of vel
ordered freedom and subjects the
guarantees of life, liberty and proper
ty without remedy TO the titful i'm
pulse Of temporary majority of AZ
electorate.
Opinion of Justice Miller.
Mr.. Justice Miller of Iowa, was one
of the greatest jurists that ever adorn
ed the supreme bench Of the United
States. Speaking for that great cour
in the case of Loan Association VS.
Topeka go Wall $3.50 in a case pre-.
senting the question of the consti
nationality of a law imposing gen
eral tax on all citizens TO pay for &
factory to be run and owned by g
private company, after referring tt
the act as San invasion of private
Right" he said: -... ...
ut must be conceded that there are
such rights in every free govern.
ment beyond the control Of the state
A government which recognized nc
such rights which held the lives, the
liberty and the property Of its citi.
zens subject at all times to the alb.
solute disposition and unlimited con
troll of even the most democratic
despotism of power, is after all, but q
despotism. 1t is true 1t is despot;sm
Of many, OF the majority il you
choose to call it so. For it is none
TIC 1893 uCopoilSllI II lldY Wt1l VI
doubted if man is to hold all that
he is accustomed to cali his own, all
in which he has placed his happiness
and the security of which is es.
sential to that happiness under the
unlimited dominion of others whether
1t is not wiser that this power should
be exercised by one man than by
many.
Theory of our governments, state
and national, is opposed to the deposit
of unlimited power anywhere The
executive, the legislative and the
judicial branches of these govern
ments are all of limited and defined
powers
There are limitations on such pow.
err, which grow out of the essential
nature of all free governments implied
reservations of individual rights with.
out which the serial compact could
not exist and which are respected by
all governments entitled to the name
TO lay with one hand the power oil
the government on the property of the
citizen and with the, other to hestQw
1t upon favored individuals to aid pri.
vate. enterprise and build up private
fortunes is none the less robbery
because it is done under the form OF
law and is called taxation This
Is not legislation. 1t as a decree I'm.
der legislative FORMS
Power of Popular Majority.
Do not the words and illustrations
of this case bring before us what VIC
might expect from the exercise of the
power of a popular majority to reverse
solemn judgment of a court in IA,
vor of an individual against a meas.
ure that for the time being seemed tC
the people something that would helr
all and yet which was plainly tres.
pass upon individual rights.
I agree that we are making prog.
ress and ought to make progress in
the shaping of governmental action tC
secure greater equality of opportunity
to destroy the undue advantage of spe
cial privilege and of accumulated cap
ital and to remove distractions to the
pursuit VI udpplHcSS, anu III
working out these difficult problems
we may possibly have from time tC
time to limit or narrow the breadth
of constitutional GUARANTEES in respect
Of property by amendment. But II
we do it let lis do it deliberately, I'm
derstanding what we are doing and
with full consideration and clear
weighing of what we are giving UP OF
private right for the general welfare
Let us do it under circumstances
which shall make the operation of the
change uniform and just and not de.
pend on the feverish, uncertain and
unstable determination of successive
votes on different laws by temporary
and changing majorities. Such a pro
posal as this is utterly without merit
or utility and, instead of being pro
gressive, is reactionary, instead of be-
ing in the interest of all the people
and of the stability of popular govern
ment is sowing the seeds of confusion
and tyranny.
Monociss In the English Army.