The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1912-02-24

/ coll VtOpit dtb AVi hbttu III DOPhi"'
government, and that II Is necessary
to keep the judiciary Independent Of
the majority or OF all the people;
that there must be no appeal to the
people from the decision II court
in any case; and that therefore the
Judges are to be established as SOW
erelgu rulers over the people,
81 take absolute Issue with all
those who hold such position. | re-
gard II as a complete negation OF our
whole system OF government; and II
il became the dominant position In
this country it would mean the Also
| lutte upsetting CT both the rights and
the rule OF the people. II the Amer
lCaI. people are not fit for popular
government. and IL they should of
right be the servants and not the
maaters of the men whom they them
selves put in office, then Lincoln's
! work was wasted and the whole sys
ten OF government upon which this
prcai democratic republic rests is
| allure. | believe, on the contrary,
| With an my heart that the American
5eoplc are fit for complete self-gov'
Irmcnt and that, in spite Of all oui
railings and shortcomings, we of tlis
republic have more nearly realized
than Lny other people on earth the
ideal OF justice attained through gen
ul1e popular rule.
III the courts haye the final say.so
on all legislative acts, and II no ap.
peal can lie from them to the people.
/ tnen they are the irresponsible mas.
tiers of the people. In other words,
those who take this position hold
that the people have enough intelli.
6ence to frame and adopt n constitu.
ton, but not enough intelligence to
apply and interpret the constitution
which they have themselves made.
Now the power to interpret is the
power to establish; and If the people
are not to be allowed finally TO inter.
pet the fundamental law, ours Is not
popular government.
"A typical case was the decision
rendered but few months ago bv
me court OF appeals of my own state.
the state of New York. declaring nm.
constitutional the workmen's compen.
5ation act. Tae judges admitted that
other civilized nations had abolished
'hose wrout.s "nd practices. But they
look the ground that the constitution
lof the United States, instead of being
an instrument to secure justice. he'd
ocen ingenlousiy devised absolutely
10 prev mt justice. They insisted
that H. constitution had permanent
L. cursed our people with impotence
to right wrong, and had perpetualed
a cruel iniduity.
No arareh'st orator, rayine
hgdinst the Constitution, ever framed
an indictment of II so severe as those
l%Jithy aud well-meaning judges
must be acid 10 have framed IL thcil
reasoning be accepted as true. In it,
essence 1t Nes reversed by The de
cision of the state court in states lik,
Washington and Iowa, and by the
supreme court of the nation in 4
case but a few weeks old
Il know Of no popular vote by an,
state OF the Union more fragrant o.
its defiance OF right and justice, more
shortsighted in its inability to fac,
The changed needs of our civilization
than this decision by the highest cour
of The state of New York Many o.
the judges of that court know per
sonally, and for them | have pro
found regard. Even for as flagran
DECISION as this ! would not vot,
for their recall; for | have no doub
, the decision was rendered in accord
ance with their ideas OF duty. Bu
most emphatically | do wish that Ia,
| people should have the right to re
call the decision itself, and authorize
lively to stamp with disapproval wha
cannot but seem to the ordinary, plail
citizen a monstrous misconstructiol
= OF the constitution, a INDUSTRIOUS per
version of the constitution into al
, instrument for the perpetuatiou Of sc
cial and industrial wrong and for tn
, oppression of the weak and helpless
[ IF there must be decision by
. close majority, then let the peopl
: siel. in and let it be their majorit
/ that decides"
| .