Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-05-29
The Truth; or Rule by Impulse?

fairs of men in the different relations
of life. The lawyers and the courts
| are the ministers of the law. They in
stitute and prosecute judicial inquiries
for the purpose of discovering and de-
] clarina the truth; and the proceedings
are clothed with orderly forms for the
sole purpose of making them more eff
fective in accomplishing that result
i-Chief Justice Emeritus Whitehouse.
| Here is a succinct digest of the pur-
| pose of the founders of our govern
| ment-a judicial balanee-wheel for
| legislative and executive functions;
| time lock on mans impulses and pas
| personal liberty" and his conscience.
In the American Review of Reviews
| for June. Jesse Macy in an absorbing
article entitled. The Swiss as Teach
ers of Democracy" says
by popular initiative the people
can formulate an amendment BY
=
distributed as to carry a majority of
the cantons, the amendment may be
enacted into law. The people are
themselves the lawmakers and there
are no checks of any kind upon their
power to act. No courts are em-
powered to declare a law unconsti-
tutional The judges are themselves
subject to law. If 1t happens in any
way that the judges mistake the IN
tention of the lawmakers, the error
may be corrected by a popular de-
claratory act of Interpretation. Thus
do the Swiss recall the decisions of
their courts" 1t is not possible in
Switzerland for the chance opinion of
one member of high court to serve
as a substitute for the exercise OF the
sovereign legislative power. No
jurist in Switzerland would ever write
book based upon the assumption
that all laws are made by the courts
while the so-called sovereign legisia-
tive acts are simply one among many
sources from which judges complete
the law"
We wonder if any considerable por-
ton of the intelligence of the Ameri-
can people (ether than for temporary
political advantage) really desire to
be governed entirely by the impulse
and misunderstanding and base pur-
poses of that vast element which can
be herded to the polls: and by the
apathetic and trust-to-luck element
fully as dangerous as the other)
which will not take the necessary
mental trouble to vote intelligently, or
the physical trouble to vote at all.
How much more does the average
citizen of today trust to the sagacity
and disinterestedness of the political
radical of the hour, than to the char
acter and ability of those men who
founded the government?
The size of switzerland is less than
half that of the State of Maine, while
it's total population is less than that OF
the city of Greater New York. It's
political and industrial aims and adj
vantages are less varied than those of
any State in the American Union.
The multiple race stimulus is felt less
there than in almost any namable
American municipality.
Considering these pregnant facts,
we wonder if there can be any con-
siderable number of intelligent Ameri-
cans who would care to place them
selves under control of a government
having TO more buffers between right
eousness and riot than has Switzer-
land Is the average voter. even in
Switzerland, competent. or does he
have the time and intelligence to de-
termine right from wrong in the affairs
of the people whose laws he makes,
interprets and executes?
We think not, and we distrust the
put pose of those who preach control by
the rabble. The day is not far distant
when the people will fully awaken to
the dangers of governmental gamble.
and the cure-allS OF demagogueS. The
menace of those radicals who have
overthrow the popular balance by
bullying and the din of their shouts OF
''stand-pat' and "reactionary," is al
ready beginning to stand forth. For
even governmental progress cannot be
faster than 1.-The children can follow"
The Haywoods and others relying for
upon infaming popular pas
sion, should be measured and weighed
before following. Such cynics as Do
genes, Debs and Dingley provide moth
ing but the froth on the top of the pail
The real cream is to be had only after
the cooling of the milk of human kin !
ness.