Paragould soliphone. (Paragould, Ark.) 1918-1950, 1921-06-15
FUTRELL TALKS
BEFORE LAWYERS
Al HOT SPRINGS
Local Attorney Delivered
Interesting Lecture AT Re-
cent Meeting Of Arkan-
sas Bar Association.

The following interesting and in
lstructiye address was delivered by
former Gov. j. M. Futrell before the
Arkansas Bar Association at Hot
lSprings recently:
In many if not all of the states.
a substantial part of executive ad-
ministration is not within the con-
troll of the Governor. Snbordinates
are either elected of appointed with
no power in the Governor to remove
This is departure from the prin-
ciple, that this department should
have chief with a controlling
supervision over all subordinateS.
(No reference to county and muni-
cipal government is imade.) 1t is
maintained by many thoughtful per-
sons that this departure tends TO
|cripple and prevent efficient ad
minisiration, in that responsibility is
not definitely fixed, that remedies
must be postponed until an election
can be held and that the electorate
is not adapted to correct evils in
such cases for the reason that the
voters are limited in their selection
to those proposed upon the ballot
and are without sufficient oppor-
tunity to pass Judgment upon the
special qualifications Necessary in a
particular service.
ra1 1lt
are too much restricted in their
rightfully appointive and supervisory
powers in their departments. AT
times in recent years the tendency
has been to strip the chief execu-
tive of everything but his title, thus
running into abuses even worse than
those sought to be avoided. 1t
should be remembered that an in
efficient executive creates a tempo
rary situation, only, which neither
iuStifies in or calls for an abandon
ment of sound governmental prin-
ciples. The remedy signed by the
constitution is the tribunal of the
people this is the theory of repre-
sentative government and legislation
lseeking to substitute this principle
must be more or less abortive. The
people may be relied upon to correct
abuses when their attention is prop
erly focused on the moving cause.
II is the wisdom of experience to
impose upon the chief executive
definite responsibilities with ample
power and authority to meet them; !;
this done, he will be held to strict
Accountability and the ends of gov
ernment will be best subserved.
THE THREE DEPARTMENTS OF
STATE.
The independence of the Legisla-
tive, Executive and Judicial depart
ments of each other, is Il dominant
principle in our form of government.
Ii is the creature OF experience and
necessity, and its wisdom has been
amply demonstrated. This principle
must not be cast away in response
to the passions of the hour It's
preservation lies in the good COM
mon sense of our people who do
mot become disciples TO government
heresies arising in abnormal times
Encroachment by one department
over the others has not been as
predicted by one very eminent states
man. rhe legislative department
has the power to be, and has been.
the most aggressive in this respect,
not the result of matured design,
bat in response to spasmodic public
lopinion as gauged by politicians.
The Legislature is highly sensitive
TO every distinct phase of public
opinion. While public opinion in
! cubated during abnormal tines is
uniformly extreme and irrational
vet such frequently finds expression
! in public statutes which, though
unconstitutional, are in turn upheld
by a court more sensible to the
| passions of the hour than to sound
iudicial principle and precedent The
police power is ample and is the
usual resort TO evade constitutional
guarantees. While the bad policy
| of statute does not inveieh against
! its constitutionality yet to adjudge
where the roof is not sufficient &c
shelter two persons, one may be
kept in, contrary to his contract
and the other kept out, in totaI
disregard of his legal rights under
contract, is q questionable extension
of the police power. Such was the
con tention OF four justices OF ths
Supreme court of the United States
in Block VS.. Kirsch (the Ball Rent
Law case.) decided April rs, 1921
A direct attempt by the chiel
executive to control legislation VIC,
lates the spirit Of the constitution
The executive Is often led in his
direction by previous platform
pledges. The candidate for chic
executive announces an extensive
platform comprehending purely leg