Evening capital news. (Boise, Idaho) 1901-1927, 1917-01-15


, the people for some time. is it not
time to abolish the legislature and in
lieu thereof to have commission, say
of three men who are versed and ia
, rniliar with the law, and they draft all
laws and report to "A council, say Of
five, and the council to enact the same
into the law of the state, courts to be
absolutely prohibited declaring the at
or acts unconstitutional.
! will admit as long as the legislature
of the state of Idaho is composed as it
is today, 1t is necessary to have a re-
straining power in the courts to say
what is constitutional and what is I'M
constitutional, and even to allow them
TO use the power that they have been
using for the last 20 or 80 years. But
] propose to abolish the constitution Of
the state Of Idaho, and with the abol-
ishng of that constitution the courts
OF Idaho would be relieved from the
congestion now existing.
Tie judges will probably agree with
me that nearly one-half of the time
that Isl now consumed by the courts is
devoted to constitutional questions.
EFFECT ON BUSINESS.
And how would this condition affect
business? The Legislature passes an
act: business man comes into your
office and says: Here is the act; what
is the law" The conscientious lawyer
takes up the law. He reads it: he con-
strues it, and he says the law is SO
and so, ''as I understand it," lie can't
so further. But the investor says. Il
want to know what the law is The
lawyer says: Very well, institute a
proceeding and take it to the supreme
court. and when they have declared
what the law is, then you will know
and not before. My fee is $100."
That is the condition, ana under this
condition of affairs business is para
lyzcd, and this obsolete constitution,
! adopted more than 70 years ago, has
become IL legal chain around the in
duStrieS of the state of Idaho, has
clogged the courts so that justice is
practically denied. Then under the
present condition it is a misnoner to
call our courts courts of Justice" or
even courts of law"
There perhaps was a brief interval in
the history of the human race when
there was Il court of justice, probably
when the Almighty gave the Ten Com
mandincnts 10 Moses on the mount.
That was Il court of justice, at least
until Moses reached the foot of tho
mountain, but as soon as the judges
got hold of it, it became court of
law, of precedent. and in our day has
become a court Of chance. 1t is neither
justice nor law, but it is chance, pure
and simple.
Now let me give YOU few cases in
point. In Williams versus Lewis. Sixth
Idaho, the question involved WAS
whether a political party could make
certain nominations and have those
nominations certified on the official
ballot by the secretary Of state. The
question went before the supreme
court on the issuance of writ OF
prohibition and mandamus, and the SUI
preme court held. on precedent that the
writ of prohibition would issue to gov
ern the act of a ministerial officer 1t
so happened that the writer was nom
mated on that ticket for the supreme
court, and a writ of prohibition to
prohibit the secretary of state from
certifying his name on the official bal
lot was upheld. There ! took the first
chance on getting on the ballot, but
the supreme court took the last chance
and took me off. Six years afterward,
relying on that decision, in the case of
Stein versus Morrison. Ninth Idaho,
litisants went before the supreme
court. They cited this particular case
and called the courts attention to the
fact that tho writ of prohibition would
lie to restrain the ministerial act OF
prcssly held. again on precedent, and
specially reversed tho decision of Will
liums VS.. Lewis and held that it would
not lie.
CHARGES INCONSISTENCY.
Two years later a convention was
held at Troy. Idaho. The writer was
nominated for attorney general, declin
| cd and filed his written declnation. A
writ Of rnandamus issued out OF the
| supreme court to have the ticket filed