The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-08-22

and petition, in, the right to, trial
by jury, in the guaranty that no man
should be twice. put in jeopardy, nor
compelled to be a witness against
himself, nor deprived of his life, Ii.
berty or property, without due pro.
cess of law, that we have almost for
gotten the Importance of these inn
mortal declarations, and the struggles
of the centuries to establish them.
"I shall not stop to discuss the
right of the judiciary to declare un.
constitutional law which violates
these principles. But simply to say
in passing that where a written con.
stitution places restrictions upon leg
islatfve and executive power in or.
der to enforce them there must be
an independent judiciary to declare
such acts invalid. 1t has been said
that we are the only country where
such power is vested in the judiciary
This is not correct. 1 sat in the
house of lords during the last win
ter. and heard the judgment of that
august tribunal declare a law of one
of the provinces of Canada invalid
because transcending constitutional
limitations. s..so
1.-THE adoption of the constitution
was sep forward in government. 1t
has stood the test of time, for more
than century and quarter. 1t has
met the Appreciation. and the, high
Of cfo Of u tc
period Gladstone said it was the
greatest work ever conceived, and
written by the pen of man.
ut has been found adequate to
govern the people when as a nation
we were but few states along the
Atlantic coast, and to govern the
nation extending from ocean to
ocean, expanded in wealth, industry
and progress beyond the dreams of
it's founders " +
"It has been the model for many
nations since that time. And today
the larger part of the civilized world
is governed either by republics hav-
ing written constitutions or by con.
stitutional monarchies"
"That the referendum to a limited
extent may be made a useful curb
upon legislative powers | am not pre-.
pared to deny; that unlimited initia,
tive and referendum is absolutely i'm.
practical in populous country under
modern conditions must be evident
to any one.
vric1 IN &c
lawyers that in the trial of the mi,
tiative and referendum we do not
abandon the constitutional form of
government which limits the legisla-
tive, executive and judicial power
and vests in the courts the duty OF
setting aside any law or act, which
intrenches upon those constitutional
rights.
"We must either maintain constitu
tionaI government or abandon it.
Constitutions may be amended, and
should be. to meet the changing con
ditions of the commercial, industrial
and social order But if Legislature
has no right to take property with
out duo process of law, to deny the
citizens the equal protection of the
laws, or to curb free speech, the
people collectively acting through the
initiative and referendum have nc
greater right.
Sensational Press.
"This is the age of sensational
newspapers and novels. The daily
journals are vying with each other tc
fill their pages with matter which
catches the eye and for a moment
entertains the people.
every young lawyer should devote
some of his time to the study of the
science of government. 1t should be
tohebt in the schools and colleges
and from the lecture platform.
'Tt is an error to sit down witt
comp1acency and say that everything
is perfect; nothing more need to be
! done. We are ever progressing Of
receding. 1t is impossible to stant
+; still; but progress should be along
| the path of wisdom; should ever
have in mind the inalienate rights o
man; should be tolerant; should b.