Potosi journal. (Potosi, Mo.) 1894-1929, 1912-03-27
z. M. BUGG NERO. co.

| dO not propose 10 give the people
amy new power. propose to restore
IL item The power out OF which they
have been deiIatiueu, the power which
Is their right and their duty to eXer-
else. / propose to provide better
and more effective method for the ex-
crease q! the power reserved ana INNER
ent IN ;lc people % make or unmake
their Constitution or conStrue the
Constitution III accordance with then
WeII-yul!. altered HttGS. | preach no
new doctrine. Tht proposal that
MAKE for 5hc several States was III act
ual practice acted upon by the people
If this WnOie nation but very short
time after the Constitution was adop-
ted. The United States District Judge
for the Eastern District of Arkansas,
Judge TrIeher, in 1907, in an article
in the (nlcricau Law Review discus
scd the decision OI the supreme Court
Of the [ nittd States when, but two or
! three wears after it had come INTO be-
/ ing. il decided that under the Ian
/ gua1c "a the Constitution d State was
/ !iatte 10 bc sued in that court by IA
! citizen ol another state or OF foreign
country. In consequence OF this de-
cI$iun the Eleventh Amendment to
/ the Constitution was adopted. says
Judge Irieber: The amendment, 1t
will be- noticed from the language
u,eU. does not aim to change the
| Constitution, nor even add any llmi-
tatiOns not in the instrument. but Is
merely explanatory, ana IN elect re-
verses thc decision Of the Supreme
Court rendered III Chisoinl VS.. Georgia
by declaring that the judicial power
Of the nlted State, shall not be con-
,truud to attcn! to any suit IN law or
: equity commenced or prosecuted
against one ui the United States by
citizens Of another state, or by cltl-
zenS pr subjects Uf any foreign coun-
try." Judge Tricber also refers to the
decision rendered in another case by
the Sunrtuie Court through Mr.. JUS
ticp bradley. when in speaking OF tins
+ Eleventh Amendment. the court SAID:
This amendment, expressing tho
wi | nf the ultimate sovereignty OF the
: whole country. superior to all legls'
IatuIeS and All courts. actually re-
verses IL" decision of the Supreme
ttOHrt.
i: ,h,s~ appears thatit has been
: .ntfiri+iiy recognized hy the supreme
+ Court. 4, is set forth in the words o.
:, Justice Bradley, that the people OF th'
=, United States have actually construed
! for themselves the Constitution of tn
g United states. reversing and oyerrid
ing the decision ri the Supreme Cour
=. ~ 50 doing. All I ask Is that wha
the pennlt nf the nation have actual
( done. the people of each state shal
ii actually be allowed to do. Let th
It nover 50 secured to them be a real an
II uot 4 nominal power. power OF &c
tual exercise: IA power which shall no
q be exercised save after sober and DELFT
II crate thought. hut which shal! permi
@ suc, sober and deliberate iudgmei
.r n{ the npupie to become, aS 1t shoul
hef0n}r. the unQue>tloned law of t h
- land.
In concluding. then. let me As
y those vino disagree with me frankly I
/ statc whether or not they believe til.
X The renple have the right to rule then
selves and 10 settle for themselves Il
course they wish to pursue as regar(
j great and vital questions OF publ
Il. policy. II our opponents do not b'
it lieve in this right Of the People. the
they must repudiate the prlnclpl
J.. land the policies of Abraham Llncol
- Il they are true to the teachings
to Lincoln. If they do believe in the rig
bc of the people to rule. then they a
to bound also To bold that the power
the nennle. in the language OF NJ
y Justice Bradley. speaking for the :
III preme Court, sis superior to all leg1
at latures and all courts. and express
IN the will Of the ultimate sovereignty
~ the whole country