The Ocala banner., 1913-01-17
VICE PRESIDENT MARSHALL AND
THE COURTS

From an extract culled from his
late message to the legislature of In
diana, which we print below, it will
be seen that Governor Marshall, vice
president-elect of the United States,
views with alarm the tendency of
our courts to strip the executive and
legislative departments of their
proper and legitimate functions, and
to set up for themselves a supreme
oligarchy
On this head Governor Marshall
says:
Unless progressive legislation is
open up the cul-de-sac, even though
the opening may lead representative
government over a precipice into pure
socialism or paternalisn.
Representative government does
not mean that present day conditions
cannot be remedied. Upon the con-
trary, progressive legislation may be
enacted with no disturbance to the
checks and balances of our system Of
government.
The last general assembly, recog-
nizing our unfortunate condition with
reference to the amendment of the
state constitution. ordered presented
for adoption or rejection by the peO-
pie at the election in 1912 a new con
stitution An action was brought to
enjoin and restrain the governor and
the other members OF the state board
of election commissioners and the
secretary of state from putting the
question Of adoption or rejection upon
the ballot.
The litigation resulted in a perma-
nent injunction. by the Indiana su-
preme court upon a divided opinion,
three members of the court being in
favor of the injunction and two
against it.
With utmost respect for the ma
jority of the supreme court, l felt that
it had usurped the functions of the
legislative and executive branches Of
government that the sheriff of the
court would have a rather interesting
time in getting possession OF my body
and Furnishing ME for contempt: and
that such decisions gave greater i'm
petus TO the recall of judges and de
cisions than all the opinions of mere
laymen touching the usurpati0ns OF
the courts, yet. l realized l might be
wrong
The majority opinion leaves the
state in doubt as to whether it can
even call a constitutional convention,
and as TO whether our fathers did not
| foreclose upon posterity its right to
alter and reform it's system of gov
ernment. 1t also leaves involved a
! far greater determination-that of the
/ right of the court to strip the legisla
| ture and executive of their constitu-
tional rights, and to set itself up not
as a coordinate, but as a supreme
| branch of government"
! Thoughtful and conservative, as
well as progressive, minds will agree
that this tendency towards a gradual
usurpation of the executive and leg
islative functions of the government
by its judicial branch should be curb
ed. The executive and legislative
branches were intended by the found
ers TO be of equal dignity with the
judicial branch, and each was intend
ed to be supreme in it's res espective
sphere The courts should be given
power to maintain order and decorum
and enforce their DEGREES, and, in
deed, are clothed with this power, but
it was never intended that it should
be used outside the court room to
restrict the liberty of the press or to
throttle the freedom of speech. These
are the foundation stones of popular
government, and, when undermined
the whole fabric of popular and con,
stitutional government will be de-
stroyed
The decision such as Vice Presi
dent-elect Marshall calls attention to
and the imprisonment of the Idaho
editors for exercising a right guaran
teed to them under the bill of rights
will only hasten the demand for the
recall of judges"