Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-01-10
Governor MdrSha|r'S MESSAGE
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not set myself un as a Judge and re-
sist by force of arms what to me was
an en~croachment of the judiciary up
on my constitutional rights. l was
wholly unwilling to permit my person
al views to result in anarchy. | be-
lieved that an orderly procedure with
respect for the court, however little
respect | might hold for its opinion,
was the one for me 10 pursue. / 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 ques-
tons involved in this controversy up
on the theory that they were not jul.
dicial but political in their character,
The question has not passed be-.
yond the mere domain Of party poll
tics. The majority opinion leaves the
state in, doubt as to whether it can
even call a constitutions, convention,
and as to whether our fathers did not
foreclose upon posterity it's right to
alter and reform its system of govern
ment, 1t also leaves involved a far
greater determination-that of the
right of the court to strip the lesis-
lature and executive of their constitu-
tional rights and to set itself up, no.
as a coordinate, but as a supreme
branch Of government.
'In accordance with these views, |
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 conf
delce that it will not dismiss the case
and tell me that if | thought | was
right, | should have totally disregard.
ed the decision of the supreme court,
defied its authority, thrown it's sheriff
out of my window, called the militia
to defend my position and submitted
the question to the people regardless
of the court"
Governor Marshalls message con-
tanned a warnig against the subtle in
tiuences of the lobbyist and recon-
mended that all bills be reported out
of committees within four days. Con.
tinuing Governor Marshall said:
"You are today facing conditions
and principles which, if yielded to and
accepted, may result in a peaceful rev.
olution in the substance Of your gov
eminent. / do not contend that under
the police power of the state, a repre-
sentative democracy has no authority
with reference to the life, health and
safety of the individual. Upon the
contrary, | insist that the use of this
power is of as much value to each in
dividual citizen as it is to a majority
of the citizens. What we should clear
ly understand and conscientiously pre-
serve is the line of demarkation be-
tween private and public social SER
vice. II a representative democracy,
that line Of demarkation may be chart
ed in this language: 1t is the right
and duty of the state to provide Tor
the case and treatment of all of her
unfortunate children who cannot pro-
vide for themselves. Unintentionally
and mnconsciossly the generous
impulses of mankind are lowering
the self-respect of the individ-
ual. Abraham Lincoln would not
been a Biblical and Shake
spearean scholar had he lived
in a town with a Carnegie library.
The constitution of this state provides
for a general and uniform system OF
common schools wherein tuition shall
be without charge and equally open to
all. The observations which l have
made, do not apply to this
system because the people needed
that right and placed that duty upon
the general assembly. But they did
not provide that books should be fur
gratuitously to the pupils in
our schools, regardless of their abil-
ity to buy CT not to buy them. l have
seen these schoo! books in states
where they are furnished gratuitously
to the pupils and wish to add that if
DR.. Hurty would permit such books
to be used in Indiana he would cease