The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1912-04-18

nut somp onewili say The Com
aHution With ia Euaramios was
adopted ~ the popular majority
Can you not irua " 10 abide BY
the work Of its own bands Sir !
believe 10 The people bot shou.d
nor wish a. soc sven the nill ~
Rights subjected to tho chances OF
cyers popular election The making
~ constitution Is work u mem
entous import Statutes stand Tor
what the people thing from year
20 year Constitutions stands for
what they think from generation Ia
generation when change IN the
organic law IS proposed. when socio-
" has been stirred 70 rs depths By
the Interest excited, when the
strongest intoilcets Of tho time have
spent their powers upon tho Ques-
ton, when il has been debated "a
all It's bearings and when the peo-
pie conscious OF the tremendous is-
sues involved, have solemnly weigh
ed and decided for themselves and
their posterity. ! am willing to leave
the question Ia their hands Rut
What resemblance has that TO the
proceedings We are discussing now
Another thing. When constitu-
ton is to be adopted or amended
the question submitted Is IN its ma
ture general. IL is law But when
a controversy arises before court
II is concrete. and the question Is
apt 70 be whether the cass falls
within the law Perhaps no one
would be ready TO propose that the
Constitution should be changed, and
yet a multitude may wish TO have
Il decided that the party Is not en-
titled TO the protection Of the Con-
stitution In the case at bar. Now
that is a question which apopular as
sembly is not adapted to try, nor
qualified to decide. II is necessarily
a question for court
II judicial opinions are to be re-
viewed at popular elections, why
should not judges be instructed be- |
forehand how TO decide questions
that are certain TO arise? They 1
would be saved the possibility OF |
a mistake If that is not 10 |
be done the greatest jurist will be |
the one who shows himself most ex-
pert and nimble IN keeping on the
'ide of the majority
When the King asked Lord Coke
low he would decide a certain ques.
Ion II II came before him he re-
,liedl When that case arises
Will decide It as shall befit Judge. "
History has recorded the answer
With n proud smile. When demo-
'racy asks that question OF her
Judges shall they answer with less
Lightly and self-respect than the
hief justice of the Stnarts? When
'rinoe Hal struck the lord chief Jus-
Ice on the bench and went 10 Jail
or II, the King shed happy tears
hat he had a judge who dared adj
minister the law even TO the heir
pparent, and that he had son who
n his sober second thought accept
d the judgment OF the law Has
rec America In the twentieth CEN |
ury less reverence for law than the d
louise OF Lancaster had 500 years I
go? In one respect the Roman tri-
unes performed for the Roman
eople the office that our judges
o for us--they had the power to
eto laws that struck at fundamental I
Ights. You remember that when
he plebs were advised to do away | |
18th tribunes by those whose pur-
ose had been thwarted by them
he tribunes recalled the people TO
leir senses with fable Once up
n time, they said, the wolves adj
lsed the sheep TO get rid Of their
atchdogs, because they interfered
It'll the sheep going where they :
leased and were really the only OBJ 4
acle to a perfect understanding be- !
yeen the forest and fold. When, I
forwards. the people did give up \
leir tribunes, they lost their liberty, ]
1d they never regained It TIL they i
1t them back Your watchdog ma \
lnoy the sheep when they wish to !
, astray--he may even nip one Of Z
Iem now and then, as he tries to 7
ing them back, but let the flock J
ink twice before they exchange the Z
atchdog for the wolf =
In that terrible Indictment against ]
Gorge III which Thomas Jefferson x
ew In the Declaration OF Indepen- .
nee, two OF the heaviest counts x
ere these: 4
He has obstructed the administra- !
IN Of justice by refusing his as Z
Mt TO laws for establishing Judi \
Try powers. !
He has made judges dependent Z
his VIII alone, for the tenure OF \
cir office, and the amount and =
yment OF their salaries. Z
Are we prepared to accept an \
ler George In tho shape Of !
pular majority? Z
Our day has witnessed the first \
iespread and determined effort !
secure the establishment Of Z
rmanent international court. The
rld's confidence in courts has
'ome so deeply rooted that We :,
70 reason 10 hope that the end
war IL In sight. Is II not remark
e that our day should have wilt
'sed also serious and calculated
ort 70 abolish courts altogether?