The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1916-01-03

repeal the initiated Richards prim-
Try election law adopted by a direct
vote OF the people. Mr.. Richards
claims that this decision has crippled
he supremacy OF the people TO rule
by direct legislation as intended I'M
Ter the initiative provision OF the
state constitution He reviews the
legislative power lodged in the o Ii
stitution before and after IL was
amended. lie also analyses the SUI
creme court decision and similizes IL
% the bred Scott decision. The fol-
owing is his statement:
History Repeats Itself.
I'm judging the prince OF this
world which had made spells out OF
human flesh, Abraham Lincoln and
his following. in eriticising the deci.
sion of the United States Supreme
Court In the bred Scott case, involy-
ng the legal liberty Of the negro,
said We think the decision enron
sous. We know the court that made
/ has often over-ruled its own deci-
sion and we shall do what we can to
nave Ii over-rule this. III this inn
)ortant decision had been made with
nut any apparent partisan bias and In
accordance with legal public expeeta-
ion, IL might then be, perhaps would
De, factious, nay even revolutionary.
not to a~cquiesce in II as a precedent.
But, when, as is true, we find IL want
ng In all these claims to the public
confidence, il is not resistance, II is
not factious, ii is not even disrespect-
fAl a. Nnnnt 10 On not hAx yfR4u Nfnt naHItn
established a settled doctrine for the
country How well these sentiments
express and apply to the recent South
Dakota supreme court decision, IN
golving the initiative legislative IL
oerty OF white and black, is for the
public mind to determine. The prin-
.iple of liberty I'm evolution of state
government is always the same, The
supreme court in It's decision is touch
ng the very nerve center of the di-
rine right of the people to rule which
S the organization corner stone OF
his republic and for which principle
blood was sacrificed In the revolution
.ry war and again I'm the Civil wax.
Primarily the right of government
.ests in the governed. II is only by
he peoples constitution that power
Or authority is vested In the legisla-
.ure. IL is only by the peoples con
stitution that courts are established
and their power and authority de-
ined and limited.
The Initiative
1.-THE initiative, in its final analy-
sis, is the agency of Liberty II is
he free will, individually. or collect
vely. in a personal or legislative way.
IL organization, whether II be a
church. lodge, political party, legis-
lature or court, cripples the initia-
i've In any way, Ii destroys the free
moral agency to act in either capa-
,ity. The legal initiative constitutes
he constitutional legislative liberty
Of the people TO form and propose
avs by right OF petition and approve
he same by a direct vote. III the
supreme court decision has applied
he cold steel to the organic act and
deliberately revised the constitution
by giving the supremacy in power to
he legislature to repeal an initiated
aw, which power belongs to the peo-
Ole and thereby destroyed the practic-
al use of the constitutional initiative,
he public mind should take notice;
because such decision permits the
foundation as soon as laid by the peo-
pie to be disturbed by the legislature.
This foundation lies in the simple
word Organization for public well
fare to bring the practical to the
IDEAL. The first public organization
law is the primary election law. Such
4 law must of necessity consist OF an
intelligent form as IN initiatory to
give freedom to join issue, with safe
ty first
II the people have been denied their
expressly reserved right of constitu-
tional legislative liberty, under the
initiative, which was purposely eX-
cepted in the constitution, from the
legislative power originally delegat-
ed to the legislature and expressly re-
served in the people themselves, by
the specific amendment of 1898, in
interest of public welfare, it is for
the people to express themselves at
the coming elections. Greater than
law and judicial decisions is the pub
lie mind which molds and gives ex-
preston to public sentiments and
which makes statutes or decisions
possible or impossible TO be executed.
The Constitution
First, let us consider the consti-
tutional language at statehood which
lodged the legislative power in the
legislature, exclusively. The origin
al Section One, Article Three of the
constitution read
The legislative power shall be
vested in a legislature which shall
consist of a senate and house of
representatives.
1T is plain from the above that
the legislature was originally vested
with all the legislative power.
THE Initiative and referendum
amendment to Section One, Article
Three of the constitution reads as fol
lows:
Except that the people ex-
sprsssly reserve to themselves the