Arizona republican., 1913-01-10
MARSHAL Oh PROGRESSIVE
Continued from Page One)

the courts. Yet, I realized I might be
 wrong.
 Though believing that it was mak- ing of the supreme court the only branch of government which we had,
 still I felt that while there was a pos
 sibility of a judicial review. l should
 not set myself up as a judge and re- sist by force of arms what to me was an encroachment of the judiciary upon
 my constitutional rights. I was wholly
 unwilling to permit my personal views
 to result on anarchy. l believed that
 an orderly procedure with respect for
 the court, however little respect
 might hold for it's opiniOn was the
 one for me to pursue. I felt assured
 that the supreme court of the United
 States would not punish me for trying
 to be a law-abiding citizen by refusing
 to decide the great questions involved
 in this controversy upon the theory
 that they were not judicial but political
 in their character.
 The question has not passed beyond
 the mere domain of party politics 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 it's right to altar and re-
 form it's system of government. It also leaves involved a far greater de- termination-that of the right of the court to strip the legislature and eX-
 ecutive of their constitutional rights and to set itself up not as cor-ordin- ate, but as a supreme branch of gov ernment
 "In accordance with these views, I have sued out a writ of error to the supreme court of the United States with confidence that that court will assume jurisdiction and decide the questions involved and with confidence that it will not dismiss the case and tell me that if I thought I was right, should have totally disregarded the de- l csion of the supreme court, defied it's authority, thrown it's sheriff out of my window. called out the militia to de- l fend my position and submitted the question to the people regardless of the 1 court"
 Governor Marshalrs message con tained warning against the subtle l influences of the lobbyist and recom- menQed that all DlllS De IepOi leu Out 1 of committees within four days Con- 1 tinuing Governor Marshall said: You are today facing conditions and principles which if yielded to and ac- cepted, may result in a peaceful reVo- | Iution in the substance of your govern ment I do not contend that under the police power of the state, representa- | tive democracy has no authority with | reference to the life. health and safety
 of the individual Upon the contrary, l I insist that the use of this power IS | of as much value to each individual ci- tizen as it is to a ma ajorty of the citi- | zens What we should clearly under | stand and conscientiously preserve IS | the line of demarkation between priv ate and public social service. In representative democracy, that line of demarcation may be chartered in thls
 language: It is the right and duty of the state to provide for the case and
 treatment of all of her unfortunate
 children who cannot provide for them
 selves. Unintenionally and unconsci
 ously the generous impulses of man.
 kind are lowering the selfrespect of the
 individual. Abraham Lincoln would
 not have been a Biblican and Shakes
 pearean scholar had he lived in toWr
 with a Carnegie library. The const- tuition of this state provides for gen.
 eral and uniform system of common