Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-06

gram. the legislature should be asked
to so amend the direct primary law as
to make impossible the dsfranchising
Of any body of citizens as we We're
disfranchised last fall, on an action
brought by the state central committee
of the grand old Republican party
my own ideas OF what is right and
wrong may be somewhat warped. II
confess that it is difficult for me to
admit the justice Of that viewpoint
which condemns to prison the ignor-
ant ballot box suffers who affect the
result of an election by a fraudulent
vote or two, yet honors with high gov
ernmental appointments the men who
would attempt to avail themselves Of
a legal technicality or a partisan court
in a deliberate effort to disfranchise
a very large majority OF their fellof
citizens. Which are the greater GRIM
| mails?
constitutional amendments which
I hope our legislative committee will
press are those dealing with the recall
Of judges. and In certain constitutional
questions, with the recall of judicial
Z, decisions, as well as that part of our
st. Anthony program which demands
partisan elections In view of the rec
ord of the Republican Idaho supreme
court in the past six months. do not
believe that there are many real pro-
gressives, in or out of our legislative
assembly, who will dispute the neces-
sity for these reforms.
| another and extremely vital amend
ment to our constitution is one direct
1 inc N Jafina az ~
in cases involving alleged disrespect
for our courts, to provide just code
Of procedure, and to limit the penalties
for such offenses
Il have always believed in the eff
cacy OF public discussion to cure pub
lie ills. / have always considered the
acts of any man or men in public life
as legitimate subjects for criticism. 1
hold to the doctrine that the people
can create no class Of superior beings.
and | believe that every right think
ing man holding public office should
be able to welcome honest criticism,
and ignore that which is purely cap
! tious. The bitterest criticisms in the
past have not shaken the confidence
of the American people in their lead
ers, or in their institutions. No man
was ever more vaguely villified than
4 was Abraham Lincoln yet he was re-
elected to the presidency, and lives to-
day in our hearts as the second Amer
lean. No man was ever more brutally
maigned by the public press than our
1 great leader, Theodore Roosevelt, yet
he received after a 60-day campaign
| and as the candidate of new party
the suffrage of over four millions of
citizens-a thing unprecedented In the
history of self governing democra-
cies. The supreme court of the United
States has been bitterly criticized on
many occasions, yet they have not
| found it necessary to cite their critics
for contempt. and this power is de-
MED the lower federal courts by ex-
| press statute.
Arbitrary and Un-American.
Notwithstanding the self evident
fact that unjust criticism has no
power to shake the public confidence
in man, or an institution, and APP
parently mistrusting the ability of the
people to think for themselves, the
4 Republican supreme court Of our state.
standing squarely upon the doctrine of
the divine right of judges, hailed into
| court the proprietor and editor of our
great Progressive daily, and another
unfortunate whom the Republican
4 court contended. I presume, had been
tainted by too intimate an association
with those gentlemen. The result of
this wholly arbitrary and un- Ameri
can proceeding, in which the plaintiff
acted as judges, jury and court of
last appeal, without hindrance from or
regard to laws limiting penalties, Is
familiar to you all. Although the stat
utes Of the state plainly state that the
maximum punishment for contempt
l shall be a fine of $500 or five days in
jail. or both, the court, desiring no
doubt TO impress the common people
i with a wholesome respect for the law
Of the land. deliberately ignored the
voice of the people as manifested
through their legislators. and gave
these gentlemen 10 days apiece in adj
dtion TO a fine of $500. In this, the
court no doubt followed a precedent.
| am informed by those skilled in the
law that a like precedent may be
found justifying almost any proceed
ing that the court desires to take.
4 The Republican supreme court. In
writing its opinion, which was couched
in language intended, no doubt, to
teach lessons of moderation and dignity
to all of us. seemed to have taken
particular offense at the publication
OF a telegram from Theodore Roosevelt,
a man for seven years the chief mag
istrate of this nation, and the living
American most honored at home and
abroad. statement by Miles Pom
dexter, United States senator from
, Washington, was also in contempt. as
were apparently one or two efforts
Of my own. Which of us the Republic
, can court had IN mind when it re-
ferred. with the moderation and dignity
, before commented on, to the violent
and depraved agitators who seek to an
null the constitutions of the several
, states,' am not In a position to say
If l was included. l can console my
self with the reflection that / was In
! 49,, nj al praS