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

achieved in law abiding and orderly |
fashion. He believed in that liberty of !
the people which has law and order
as It's twin handmaidens. He respected
the judges Bnt he regarded them as
the servants and not The masters of
the people; and he believed that the
people had the right to decide for
themselves the great fundamental
questions of public policy, upon the
proper solution of which it depends
whether there shall or shall not be
true social justice in the land.
Therefore we hold that, as regards
these questions of public policy,
courts, like executives and legisla-
lures, must bow to the sober and we'll
thought-out Judgment of the people
Let me repeat once more what 1
have so often said-that am, not now
speaking of ordinary cases of justice
between man and man, such as must
be decided by judges in all other lands.
shall speak of these cases in some
subsequent articles, in which | shall
ask the people soberly to consider
such facts as those set forth by Mr. C.
p. Connolly in his recent articles in
'Everybody's Magazine" In this arti-
Gle speak purely of the kind of de-
cision which only American courts are
entitled to make-the kind of decision
which no judge in our neighbor Can
ada, in Australia. in England, in Ger
| many, or in France has the right to
| make, or would for one moment be
Iermitter to make. Nor, at the moment
am | treating Of the action of the Ma
tiOnaI courts, because the Federal
| form of our Government makes it more
kdiffIcn1f RI q unrkincr oIxy
in the case of the Nation than in the
cases OF the several States. l am
speaking of the action of the court of a
State when it declares that a law
passed in the collective interest of the
whole community is unconstitutional;
and | have especially in view the laws
i affecting the terms and conditions of
i life and employment among the wage
/ workers.
i am not primarily concerned with
\ methods; my aim is to secure the right
OF the people to decide for themselves
| according to the principles of common
sense and Justice what the public pol
4 icy as UNDERSTOOD by a majority of the
! people, and if in actual practice the
courts respected such Constitutional
prohibition, then there would be no
need for what I propos; because in
such case there would be full recogni-
ton of the absolute right of the people
to decide the policy of their represen-
tatives, legislative and judicial in
these matters-and this is all for
which I contend.
| But in actual practice I know no
State where such conditions prevail;
| they certainly do not prevail in the
/ State OF New York. Therefore I hold
that provision should be made in the
Constitutions of the several States
which, in the event Of clash between
1 the Legislature and the Court as to
| the constitutionality of such legisla-
| ton as I have spoken of. should per-
| NIT the people themselves to decide
! what the true Interpretation OF the
4 Constitution is. | am not concerned
| with terminology. Whether this is
called referendum to the people or
1 whether it is called a shorter and SIM
pier way of amending the Constitution,
| to my mind matters nothing The es-
sentIal thing is to get the power for
the people.
| 1t is not merely untruthful but silly