Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1913-02-03
Tying Hands Of Court.

Inc IaCOma LeOSer HeduS ulS
patch from Olympia, Would Tie
Hands of Supreme Court" The item
noted the introduction of bill in the
senate proposing to submit the fol
lowing amendment to the state con.
stitution:
mo act or proceeding Of the
legislature, or part of any act or
proceeding shall be set aside or
declared unconstitutional by any
Justice, judge or court whatsO-
ever. The will of the people as
expressed by the enactment OF the
legislature shall be the supreme
law"
II the record of court decisions
are to form the basis of judgment,
those who have looked into them will
probably agree that since the judicial
branch of government has SO long
had the hands of the people tied,
it would not be amiss to change the
cord.
This government was originally
framed with three distinct co-ordin.
ate branches, the executive, legisla-
tive and judicial, each to be equal in
it's sphere, each branch deriving its
powers from the governed. But, al
most from the beginning, the judicial
branch has encroached upon the func-
tons of the other two branches until
= q
ton not contemplated by the found
ers, nor warranted by the constitu-
ton.
The United States prides itself up
on the freedom Of it's alleged sover-
eign people, and it's citizens are prone
to pat themselves on the back over
the fact that they do not live under
a monarchy, yet the courts Of the
land are almost daily assuming to
thwart the will of this sovereign ca
people in a manner that would pro-
duce a revolution in almost any mon
archy of Europe.
In England no power exists that can
annul law enacted by parliment
The representatives of the people are
recognized as the supreme power, and
their enactments are law until re-
pealed by the people at an election
In this country one is in doubt con-
corning every law enacted, by a city
council. state legislature or congress
each Of which bodies are directly
responsible to the peOple-until some
court gives it's seal OF approval. Nine
teen years ago. the country demand
ed a return of the income tax, which
had served so we'll and equitable dur.
ing the civil war, and congress passed
such law. The supreme court, by a
majority OF one-whO changed his
mind over night-decided we could
not constitutional" adopt this
method of providing revenue, and the
people have been struggling ever
since to override that decision, and,
through an amendment to the con-
stitution, may secure what they have
so long desired in few months more.
A study of the records of the three
branches Of government will show
numerous errors In each, but for
harmful-because final-errors, the
court records have the other branches
beat to a fragile. For instance, under
a decision of the highest court in the
land, II legislative body binds a
state, city or county in a fraudulent
contract, that contract cannot be at
tackled in the courts. This was shown
in San Francisco, where it was prov
ed that crooked officials received
100000 for a franchise. The fraud
was plainly shown, yet, under the
court decision. the franchise holds
good, and may not be attacked in the
courts.
Less than two years ago, the New
York court of appeals declared invalid
an Employers Liability Law. as be
ing opposed to the constitutional pro
without due process Of law" clause
withstanding the fact that only two
months previous. the United States
Supreme court had decided tina
without due process Of law" clauses
in directly the opposite direction, II
the case involving the constitution
atty of the Oklahoma law assessing
all banks for the purpose of creating
fund with which to guarantee banl
deposits. Here We have the highes
court in the land, and the highest il
IDENTICAL constitutional statement i
opposite ways.