Daily capital journal. (Salem, Oregon) 1903-1919, 1916-07-14
WHO IS THE BOSS a?


Who is the boss? The legislature passes law, which
by it's passing it declares constitutional but some one
takes the matter before the courts, and the udlca
branch of government says it is unconstitutional By
what authority does it override the legislature me
Deope themselves by the initiative referendum pass
law The judicial branch of government tells them II
is unconstitutional and they had no right to make such
law Who the boss? The congress OF the United states
many wears ago order to assist IN providing rafoa
communication between California and Oregon granted
certain lands under stated conditions to the oregon anu
California railroad company. The road was oWlt, or
partly So and the grant along with the roao tleu oHei
to the Southern Pacific which completed and thus be-
came entitled to the benefits OF the grant 30 af tnere
is no dispute to the grant. M m.
Congress- however in order to facilitate the setting
of the GRANTED lands provided in the granting act that
tba should sell them in quantities of not to exceed
100 acres to one person and at price not eXceeog @oo
per acre. The Southern Pacific accepted the conutlons
when it put itself in the place OF the ollglnal gfaee
however refused comply with the terms unoer WHICH
the lands were given it, and refused to sell them 10 actu
settlers applying to purchase 1t violated the Terms m
der which it took the lands by selling them IN VIOLATIONS
of the granting act in quantities greater than lou acres
1t further violated the terms OF the grant refusing ~ ~
the lands to those applying , d.
When it was undertaken to compel the southern a. a.
cifc to comply with the terms OF the grant, 1t az olce
anneaod TO the judicial branch OF the government WHICH
has always lowered the rich and powerful as ooes he
The railroads faith in the mothery protection OF the
judiciary not misplaced Inc lower coi' e pth
CO.. n
tba terms of the grant and declared it forfeited Inc
roads at once appealed the older hens comprising le
IIn;ted States supreme court, and their talth was
ahundantv rewarded That wise bunch, OF Whon oy .le
wav Mr. Hughes was one, made the most asmhe decision
over handed down by any court in chi1stendom IL SUI
fitted itself usurped the powers of congress ana lhsueu
tbe intelligence of the people, but 1t hoVefeo lts cche
the Southern Pacific railroad all ngnt. la
The bewigeed and befogged Justices solehhly neio @
that under the granting act the railroad was conpeeo W
sell the lands at not to exceed $25o per acre ana III q
titles not to exceed 100 acres Then 1t ao1eo Una. 10
congress- had not fixed time within whleh tfe aitS
should be sold that the railroad need not sell 1hei l.
# was ready In other words that 1t need not sen slei
at all. n4 - ;n oiye + co
On top of this it tells congress that II Wl give ~ ~ o
long time in which to straighten the ma1teI o W t
satisfaction of the roads OF 1t would get IN anu s'rsl
It out itself. Who is the boss? ona
Then congress arrangeS to take the lan',s DAYS. M CIV
place them at the disposal of those VINO Wouo sete
and use them 1t provides for paying the failroau 30
much as it could have sold the lands Tor under te
of the grant but the Southern Pacific Is not satsieo ~
ths but has again sought the protecting wings OF te
supreme court of the United States 1t sets up ih le
acts of congress in asserting ownership OF the iaos
unconstitutional. ~ - 49,, ,ot deal
II asks the court to tell congress that 1t can nol ue
with the road and conduct the peoples business! WIN
The executive legislative and judicial branches OF our
government are supposed to be co-ordnate' by Wla'
authority does the judicial branch assume TO mc.e =.
the others? Why where and when was II hlaue te su
preme dictator over otherwise reasonao lree peope
Who is the boss