Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1912-08-24
From The Magazine Press.
Rev. John A. Peake.


ment of a precedent which meets
some approval and much disapproval.
Ii that course on the part of the SUI
preme court shall be acquiesced in
by the people OF the country, 1t will
be followed in future cases until, by
common consecutive shall have amend
ed the constitution in effect by con-
ferring upon the courts a somewhat
limited, but nevertheless actual, leg
islative. as well as veto power.
These entertainments of the judi
cial upon the powers of the legisla-
tive branch of government have been
open and public and the people are
in position to Judge whether they
approve or disapprove. They can
form their own opinions of the effect
of comforting upon judges who are
appointed for life the power to veto
ac.s Of congress. They can under
stand that if the courts assert and
secure the right to change a statute
to suit themselves and also the right
to declare statute unconstitutional
as amended and because of the
amendment, while highly improbable,
yet it is possible that if the two pow
ers exist they might sometime be
jointly exercised. Experience has
shown that society should be pro-
,ected against possible as we'll as
probable menace.
The power of bureaucracy over the
business and affairs of citizens is
felt in nearly every walk of life,
yet the importance of this phase OF
government does not impress the
American individual because he per-
sonally feels the strong hand of author
ity only in isolated instances.
The settler who is building home
on the frontier and who must go to
forest reserve for his fuel or his
fence posts or home made shingles
endeavors to please the forest ranger
and comply with the rules and regu-
lations but he never knows defin-
itely whether he has done so or not,
if the exigences of the situation made
it necessary for him to act without
the personal supervision of the
ranger.
The homesteader who finds it hard
to make a living for his family dur-
ing the period of Improvement of his
land, and who borrOWs money there
for or leaves temporarily to earn
money elsewhere for the purpose,
rests under co1s ant apprehension
that the secret report of the special
agent, which he or his representa-
lives is not permitted to read, will
place an unjust Interpretation upon
his borrowing money or his temper
airy absence.
The captain of industry and the
frontier settler realize the bureauc-
racy over their own separate inter
ests. but neither knows the manner
in which the other is affected
The citizens of a great state are
denied a due proportion of the recla-
nation funds because the bureau
heads have expended an undue pro
portion elsewhere and the expendl-
ture in the state from whose land
sales the funds were denied
We have had illustrations OF the
delegation of discretionary authority
amounting practically to legislative
power in the case Of the pure fooo
laws where it has shown that the adj
ministrative offices had the power
to make an act lawful at one time
and unlawful at another. Manufact-
urers of foods are in doubt as to
what they can or cannot do without
the danger of punishment.
We have seen in the administration
of the postal service one magazine
sent by mail and another sent by
freight without any definite law OF
rule or regulation which clearly de-
fines the terms and conditions upon
which the discrimination is based
The publisher is not certain that MS
magazine will continue in the mail
trains and such uncertainty is con.
slant business hazard. The extent
of his right rests upon the judgment
of some bureau clerk in the depart
ment. His rights and privileges
change whenever the judgment of the
clerk changes.