The Julesburg grit-advocate., 1912-06-06
The New Despoisln

Of SUPREME Court Of coamt. '0''
We have built the proposition that the people
have hersht rule Their will made known roushe suffrage
And when opinions differ they usually d. the majority gov
Buttat the whole Of the proposition were there
would Be esusrd whatever for the rights Of the minority The
majority might appropriate their property might reduce them
slavery might take their lives. The proposition take.
for granted hen certain guarantees for the protection Of the mino
And what hese9 They those elementary rights which no
maoy however large violate They have been recognized
constitutions and bills rights but they created by them
They nere free government ITSELF for freedom impossible
without them Among these rights there important than
this that shall be deprived Of his liberty property except
by the judgement Of the law and after trial before independent
and impartial tribunal We have the keystone Of the
arch this The majority the legal constitute itself
this tribunal hcan still holds the property and lives Of the minority
its hands, subject will and pleasure for there no one
who call to account.
The that may before the tribunal are Of two classes
Fn those between individuals merely Second those in which one
Ct the parties In fact no the people themselves or the
popular majority BY far the most important and trying cases
will be those Of the second Glass; which contended that some
fundamental night the individual the minority being violated
he violation will be attempted under the form oaw and thu. the
real upon side the people, the popular maoty whose
will has here found the form Of law such cases how
the independence and mpaay Of the tribunal to be .ecured
How except by removing far possible from don by either
pary1 Let be remembered that the tribunal the court has been
created and its members chosen Of parties to the controversy
namely the people Cy =n the only security the other party can
have this That the tribunal once sceaed its member. chosen
shall be permitted to decide without further interference If to be
checked and overawed Of the pare the moment decide,
the case against that party its power betaken from and beso
ed Others then epay that decides the case not the tb
unal
Let inquire whether this reasonnsf the facts Of the present
time Take but oneexamp popular maony through legislature
elected by directly by the and referendum enacts
statute requiring railroads carry passengers for cent mile
its property and the ohods Thereupon the same popular
majority the judges Of office and elects fill their places
judges who will the decision Has not the popular majority
constituted itself the coua May be the Judge in his own
Let measure by principle Ade,-
makes the law and also decides whether the particular case
within the law Or he may just well dispense with the law since
dan question his decision that the within On
the other hand free body makes the law the
general rule While another body decides whether the
particular case 70 lows with the ru e..
Thus the citizen protected We call keeping the legislative and
judicial departments sepaae In despohm they are united
tree they separate Nowf the popular majority
only makes the law but decides whether given case falls
within then the legislative judicial powers united the same
body and the be free and becomes dpom
be objected that the argument proves much since bv
this reasoning the rule should be- always Judge my
swer two fod First hold with Hamilton that the judicial enu
ought to be nothing less than during good behavior Second the
judges be eectedor limited em those terms should be at least
such length that the judges reelection should depend upon his
decision Of particular question: but upon his general wo
thness to be judge
The argument for the recall that judges only agents
the majority and easily reaches the that when the agent
fails to satisfy his principal he may rightly be recalled The aacy in
the argument the assumption that the Judge agent He
an agent in any Of that word Heis the agent Of
either party He the agent Of both parties
his duty to trade and compromise between e he might be
considered the agent Of boh But that's his duty His duty is
decide is not for him please seek please either party
him decide the between them law and justice
requires