Saturday news. (Watertown, S.D.) 19??-19??, 1916-10-26

.'in its terms or it's policy. 1t is not
"left to the discretion of the judge
"or to his sense of decency whether
The shall act or not. All his powers
are subject to this absolute limita-
"tion and when his own rights are
lin question he has no authority to
determine the cause"
The courts attention was also call
ed by the auditor, to the fact that the
state could not expect justice at their
hands. for to hold that the Mecca
act was unconstitutional would be TO
hold that he, as supreme judge. who
must be presumed to know the law
was at least attempting to take lille
gally So 6 90 of the peoples money
and that if the court assumed to act
it could only render one decision and
that would be to hold that they, the
| judges, We're honest citizens in taking
the cash. Any other holding would
be to advertise their WI inirmities.
But all in vain, the court ignored the
plea of the state auditor and OF
curse in the decision Judge McCoy's
court gave him, Judge Mccoy, a clean
bill Of health and held that he, Judge
Mccoy. was entitled to take such sum
in addition to his salary and that such
SIS, 100000 was not a ~perquisite or emoi-
ument which ven with the Office al
though he was holding no other posi-
ton and rendering no other services
than that of judge for the state. TIE
only thing lacking in the decision vas
that the court failed TO state what
such money represented, The audi
or, whom the people of the state
have BY common consent dubbed "the
watchdog of the treasury was re-
ferred to in the courts opinion as al
inferior official, and ordered to Is
sue forthwith the warrant for this
was done. | might say that this Is
the first instance, so far as ! have
been able to ascertain, in the history
of the race when a judge has brought
a personal suit in his W court and
the court, ali the members thereof
being equally interested, assumed
jurisdiction and decided The matter.
! Such decision, believe, is far more
detrimental TO our state than any
overt act of seditiou or treason. An
overt act would meet with, if neces-
sary, forcfble disapproval while the
decision is insidious in its nature. It's
effect is not Immediately felt but it
will be seized upon by dishonest
Judges in days to come as an excuse
for similar acts on their part. How
appropriate the words OF Justice
Bradley of the supreme court of the
United States in passing upon those
insidious innovations of the constitu-
ton. 'Illegitimate and unconstitu-
''tional practices get their first foot
ling in that way, namely, by silent ap-
"proaches and slight deviations from
1.-The legal mode of procedure. It is
"the duty of the court to be watchful
"for the constitutional right of the
"citizens and against any steady en-
'~.croachments thereon. Their motto
should be Obsti Principals"
/ cannot be accused in this article
of playing party politics for the m
of the judges no longer appear upon
the party ballot, in fact both candi-
dates are of the same political faith.
They will appear on Independent
tickets. In this case his opponent is
Judge Marquis of WATERFOWL, former
Judge of that circuit. If the readers
| of this article think Mr.. Mccoy was
right in his position; FIRST. of pre-
pairing and lobbying such act through
the legislature; SECOND. of bring
ing suit in his own court to compel
the auditor to pay him the money;
and THIRD, that the s3,600.00 a term
he receives under such act is not in
direct violation of the Constitution
which he had sworn to uphold, then
they should, so far at least as these
charges are made, disregard the same
and vote for Judge Mccoy. II on the
other hand your readers believe that
he was wrong he should not be re-
| elected and the vote should be for his
opponent.
Respectfully,
JOE KIRBY.