Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-03-07

Mht'h ! clnttnu.
But in actual practice know no
State where such conditions prevail
they certainly do not prevail IN
the State OF New York Therefore
| hold my provision should be made
in the Constitutions OF the several
States which. In the event OF clash
between the LEGISLATURE and the
Court as 10 the CCnstitutionaiity Of
such legislation as ! have spoken OF
should permit the people themselvc-
TO decide what the true interpreta-
ticn OF the Constitution Is. ] am not
concerned with termiuolosv. Wheth-
er this Is called a referendum 10 the
people or whether 70 is called a short
Ter and simpler way ot amending The
Constitution. 10 my mind natter
nothine Tho essential thing is o.
got tto power for the people
lt is not merely mtruthful and silly
90 saw that such a process voulO
leave as at the mercy Of the mob. .
Such a process as ] advocate would
take at the very least two wears
time If in two years the people
cannot come TO a sober and DELHI
crate iudement. then g. is impossi
BILE that they should ever so come
II they have not the character and
the intelligence to enable them. after
two years elaboration. after seeing
the whole matter threshed out by tho
LEGISLATURE and before the cNec' ~"
and by the court, and finally 10y
public speakers in an election. to.
themselves decide what they meant
when they framed the Constitution,
then ii is idle talk of their being III
TO frame a constitution
Tho wiscst Judges have always fully
recognized this right of the people
10 rule this riehtof the people TO BE-
their own masters and ultimately 10
decide their own policy. As former
Chief Justice Campbell. OF Michigan
said The greatest knoWledge that
WV NAtA W. lN 'NI.N WV Ifl IN tue NhAlllANN
knowledge OF the common pelll,.
J do not propose 10 give the people
any new power ont of which they
have been defrauded, the power
which is their right and their duty
to exercise. propose TO provide
better and more effective method for
exercise Of the power reserved and
inherent i'm the people TO make or un-
make their constitution or cOpstrur
the constitution in accordance with
their well-considercd needs preach
no new doctrine. The proposal tina.
! make for the several States W."
in actual practice acted upon by "a.
people of this whole Nation buf". :
very short time after the Const -
ton was adopted The United ST -
District Jrdge for an Eastern
trict IN 1907. In an article in An.
can Law Review discussed the '
cision OF the Supreme Court of N',
three years after IL had come
being n decided that under the w
guagc Of the Constitution -N
was liable 10 be sued in that {. '
bv citizen of another State t'.
foreign country I'm corseCucn.,
this decision the Eleventh An
ment 10 the Constitution was ado
Saws JUDGE Tricbcr' The an, ~"
mcnt It will be noticed from the "
guagc used. does not aim 20 oh', .1
the Constitution. nor even ada -
limitations not I'm the instruw'
but is merely explanatory, ami i17 '
feet Il reverses the deusjon of
supreme Court rendering In Chishn.
VS.. Georgia hy DECLARING tha. t'"
judicial power Of tho United stats
shall not be construed 20 extend
anw suit In law or equity common"
ed or prosecuted aeainst one Of Oh %
State. or by citizens or subjects % y
any foreign country Jude, Trio,
her also refers 10 the decision r.u'
dcrcd in another case hy the Supror'
Court through Mr. Justice Hrld'et
whom, in Speaking of this EIcyut.
Amendment, the Court said This
expressing The will % thy
ultimate sovereignty ~ the whole.
country, superior to all LEGISLATURES.
and all courts. actually reverses tho.
decision of the supreme Court :.
Il thus appears that Il has been of.
ficiallly recognized hv the SGrrHri
Court. as Is set forth I'm the Vor 5.
of Justice rradloy that tho peou'p
Of the United States have a.'ra'IN-
construed for themselves the Cous'-'
tuition OF the United States. roycrsn :
ana overriding the decision Of che S +
preme Court In so doing Nll 7 as +,
Is that what the people Of the Naf.Ofs
have actually done the people of ca n
state shall actually be allowed Co dt-
Let the power so secured 10 them hr.
a real and not a nominal power. &c
power OF actual exercise. pcNc-
which shall not be exercised save ate
ter sober and deliberate Thought. hh"
which shall permit such sober ans
deliberate judgment Of the people =
become. as Il should become. the uTP
questioned law Of the land N
In concluding. then. let ne aiie
those who disagree with be frankly tn
states whether or not they belief
that the people have the right TN
rule themselves, and scttl' Tor thenic
selves tho courec thev wish 10 nuT-