The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-10-24
FRIDAY, OCTOBER "a, 1924

agricultural regions this would
make an increase of thirty per-
cent or forty percent on local
taxation. Measured by our ex.
! perience, by efficiency of SER
vice, by rate of wages paid, we
have everything to lose and
nothing to gain by public own
ership. 1t would be a most per-
ilous undertaking, both to the
welfare of business and the in
dependence of the people.
| For Judiciary
Another principle in which the
American people have always strong
ly believed, and which they have
stoutly maintained, is judicial as
| against political determination of
causes. When our constitution was
| adopted it established the supreme
court of the United States to be the
very citadel of justice. It's members
are appointed for life in order that
they may be devoted entirely to the
administration Of justice according
to law, and as Independent and i'm
partial as it is for men to be. One
of their chief duties is to protect
that rights of the individual. Our
government is anything but abso-
lutte. It is strictly limited. 1t has
only those powers which are con-
ferred upon it by the constitution.
That constitution distinctly declares
that the president and the congress
are prohibited from doing certain
things; the central thought of which
is that no one shall be deprived of
life, liberty or property without due
process of law. There is provision
against unlawful searches and seiz-
ures, in order that the people may
be secure in their persons, houses,
papers and effects, also against max
ing any law respecting an establish
ment of religion or abridging the
freedom Of speech or of the press,
and including the right to trial by
jury, with many other provisions
for the protection of. the individual
from positions which other govern
ments had constantly inflicted upon
them. This is in accordance with
our theory that the people are born
with certain inalienable rights which
no government should have any pow
or to make from them.
Safeguarding Individual
1.-THE same privileges that be-
hong to the individual are like
wise guaranteed to the minority
and to the several states. We
have our constitution the su.
preme law of the land, and
whenever the congress-, the pres
ident, or q state legislature or
governor, Violates it anyone who
is injured has the right to ap-
peal to the supreme court and
have such violation prevented.
Whist better method could there
be for preserving the rights of
the people and of the states?
1t is not necessary to prove that
the supreme court never made a
mistake. But If this power il
| taken away from them, it is nec-
essary to prove that those who
are to exercise it would be like
~ to make fewer mistakes.
1T is proposed to place this pow
err, which it must be remembered is
that Of life and death, in the hands
of the congress. That would give to
that body power to violate all the
rights which l have just mentioned,
the power to destroy the states, "abol-
! ish the presidential office, close
the courts, and make the will Of the
| congress absolute. Is it supposed
that in the exercise of this power
they would be more impartial, more
independent, than the judges of the
supreme court? 1t seems to me that
this would be q device more clearly
| calculated to take away the rights
of the people and leave them subject
to all the influences which might
be exerted on the congress by the
power and wealth of vested inter-
ests one day and the passing within
Of popular passion on another day.
The poor and the weak would be
trampled under foot. Under such q
condition, life, liberty and property,
and the freedom Of religion, speech
and the press, would have very little
security. In time of national peril
! our government WOulu uoSC uO O0l-
ance wheel. If this system should
be adopted and put into effect, the
historian would close the chapter
with the comment that the people
had shown they were incapable of
self government and the American
republic had proved a failure. If we
are unable to maintain the guaran-
tees of freedom, in this land, where
on earth can they be maintained?
sour present system is the only
system that is adapted to the needs
of free republic, the only one which
holds out any promise of providing
the security and stability necessary
alike for our economic development
and the protection of the poor and
the weak.
There some by which I be-
|lieve the economic welfare Of
the people Of our country can be ad-
vanced. The government can help
to maintain peace, to promote econ
omy, to provide protective tariff,
to assist the farmers, to leave the
people in the possession of their
own property, and to maintain the
integrity of the courts. But after
all, success must depend on indiyi-
dual effort. It is our theory that
the people make the government, not
that the government makes the peo-
pie. Unless there abides in them
the spirit of industry and thrift, of
sacrifice and self denial, of courage
and enterprise, and a belief in the
reality of truth and justice, all the
efforts of the government will be in