The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1912-03-12

to say that such a process would leave
us ''at the mercy of the mob" Such a
process as l advocate would take at
the least two years time. II in two
years the people cannot come to a So
Der and deliberate Judgment. then it is
impossible that they should ever so
come. If they have not the character
and the intelligence to enable them,
after two years deliberation, after see
ing the whole matter threshed out by
the Legislature and before the execu-
tive and by the court, and finally by
the public speakers in an election, to
themselves decide what they meant
when they framed the Constitution,
then it is idle to talk OF their being fit
to frame constitution.
The wisest judges have always fully
recognized this right Of the people to
rule, this right Of the people to be
their own masters and ultimatly to de-
eide their own policy. AS former Chief
Justice Campbell, of Michigan, said
"The greatst knowledge that we have
in this world is the common knowl-
edge Of the common people" / do not
propose to give the people any new
power. l propose to restore to them
the power out Of which they have been
right and their duty to exercise | pro-
pose to provide a better and more eff
fective method for the exercise of the
power reserved and inherent in the
people to make or unmake their Con-
stitutiOn or cOnStrue the Constitution
in accordance with their well-cOnsid-
cred needs. preach no new doctrine.
The proposal that / make for the sew
eral States was in actual practice act
ed upon by the people of this whole
Nation but very short time after the
Constitution was adopted. The United
States District Judge for the Eastern
District of Arkansas, Judge Trieber,
in 1907, in an article in the American
Law Review" discussed the decision of
the Supreme Court of the United
States, when, but two or three years
after 1t had come into being it decided
that undr the language of the Consti-
tuition State was liable to be sued in
that Court by citizen of another. State
or of foreign country. In conse-
quence of this decision the Eleventh
Amendment to the Constitution was
adopted. Says Judge Triber: "The
amendment, it will be noticed from the
language used, does not aim to change
the Constitution, nor even add any
AlliiildtlCAAo AOC III Juc Uut
us merely explanatory, and in effect
reverses the decision of the Supreme
Court rendered in Chisholm VS. Geor-
gia by declaring that the judicial pow
er of the United States shall not be
construed to extend to any suit in law
or equity commenced or prosecuted
against one Of the United States by
citizens of another State or by citi-
zens or subjects of any foreign coun-
try" Judge Trieber also refers to
the decision rendered in another case
by the Supreme Court through Mr..
Justice Bradley, when, in speaking of
this Eleventh Amendment, the Court
said: This amendment expressing
the will of the ultimate sovereignty of
the whole country, superior to all leg
islatures and all courts, actually re-
verses the decision of the Supreme
Court"
It thus appears that it has been Of
ficially recognized by the Supreme
Court as it set forth in the world of
Justice Bradley, that the people Of the
United States have actually construed