Bemidji Daily Pioneer Newspaper, March 9, 1912, Page 4

{ | | | You can help a lot by doing it now. Ii your advance sub- scription to the Daily Pioneer is due in April or past due now, send it in to-day It will make things easier for us, than to wait until the end of the month. " but in & busingss and political atmos’ THE JUDICIARY (Continued from page 2) politicians in the passage of remedia legislation. The formidable attack upon our judiciary now is that the judges do not rcspond sufficiently tc popular opinion. It is said that courts are interposing their obstructive pow. er to the enforcement of legislation looking to the relief of the oppressed by declaring laws unconstitutiona! and by so-called Judicial legislation nterpreting inte statutes words no. intended by the legislature. I da not intend to @iscuss these charges al- though if ceduced to specific cases it wonld be easy to show many of them to he unfounded.- The Judicial Recall. For the purpose of this discussion! may admit that courts have erred in this rezard, have unduly Dbroadened or have given such statutes a wrong construction. How i it proposed tc remedy these wrongs? In one of the two ways— cither by the judicial recall of by the recall of judicial dicisions Let ns examine these remedies separ. ately. In the remedy by judicial recall it is proposed to provide by law that | whenever a judge has so discharged his duties as to induce a certain per- | centage of the electorate to deem il wise to remove him and that percent. age sign a petition asking his recall an. election shall take place in which the incumbent shall stand against other candidates, and if he does not | secure @ plurality of votes he is ipso- facto removed. T have pointed out that under our form of government and constitution many of the issues arising before our courts are in effect fssues between the state and the in- { dividual, between the majority and the minority, cases in whieh the popu- Jar interests might be greatly excited to secure a favorable judgment. Ry this system the question whether the judge Is to be removed or not is to he left to that majority that may be greatly aroused to secure from him a judgment favorable to them. Could | a system be devised better adapted tc deprive the judiciary of that inde- pendence_ without which the liberty and other rights of the individual can- not be maintained against the govern- ment and the majority? But it is said we may have corrupt fudges. How are we going to get rid of them? They can be impeached under our present system. But that | 1s too cumbersome. Well, amend the proceedure of impeachment. Create a tribunal for removal of judges for cause. Give them an opportunity to be heard and by an impattial tribunal but do not create a system by which in the heat of disappointment over a lost cause the defeated litigants are ta decide without further hearing or knowledge whether the judge who de- cldes against them is to continue in office. It would be hard to devise a more unjust and ineffective method of purlfying the judiclary or one less Hkely to promote courage of honest conviction. * Recall of Decisions. » Let us examine the other method proposed for the reform of the judiei- ary. That is a recall of decisions. By this method when a supreme court has found a law intended to secure public benefit to be invalid because it infringes some constitutional limita- tlon, the decision is to be submitted to a vote of the qualified electors and it a majority of them differ with the court and reverse the decision the law is to be regarded and enforced as va- 11d and constitutional. This is a remarkable suggestion and one which is so contrary to anything in government heretofore proposed that it is hard to give it the serious consideration which it deserves be- cause of its advocates and of the con- ditlons under which it isadvanced. ‘What the court decides in that the enacted law violates the fundamental law and is beyond the power of +1 legislature to enact. But when thig issue is presented to the electorate what will be the question uppermost in the minds of most of them and forced upon them by the advocates of law? Will it not necessary be whether er the law is on its merits a good law rather than whether it conflicte with the constitution. The interpre- tation of the constitution and the op- eration of a law to violate some lim- itation of that instrument are nice AND PROGRESS| Dhere fike that it Alaska of today the popular ‘view is different. Laté: on, of course, the people'might and prohobiy would ¢hange in respect tc another but similar law. A most serfous obfection to the. re call of decisions is that it destroys all probability of consistency in consti tutional interpretation. - The majority which sustalns one law is not the same majority that comes to consider another, and the obligation of consis would sit most lightly on each recur ring electorate, and the operation of the system would result in suspension or application of constitutional guar anties according to popular whim ‘We would then have a system of sus pending the constitution to meet spe clal cases. The greatest of all des potisms Js government of special in stances. But the main argument used to sus taln such a popular review of judicial decisions is that the people are competent to interpret it and that this recall of decisions.is nothing but the exercise of the power of interpreta tion. This is clearly a fallacious ar gument. The approval of general prin ciples in a constitution on the one hand and thé interpretation of a stat ute and consideration of its probable operation in a particular case and its possible infringement of a genera principle on the other hand are very different things. The one is simple the latter complex, and the latter when submitted to a popular vote, at already pointed out, is much . more Hkely to be turned into an issue of general approval or disapproval of the action, its merits for the special pur pose of its enactment than upon ite violation of the constitution. More over, a popular majority does nef sdopt a constitution or any prineiple of it or amend its terms until after ii has -eben adopted by a constitutiona: convention or a legislature, and the final adoption is and ought to be sur rounded with such checks and delay: ns to secure deliberattion. In other words, the course of prosedure in the adoption of a constitution or amend ment is very different from what the proposed vote of a majority on con stitutional interpretation would be. Protection of Constitution. Congtitutions ought to be protectes by such requirements as to their amendment as to insure great deliber- atfon by the people in making them much greater than one vote of a mere temporarty majority. This _method of amending the constitution would glve it no more permanence than that of an ordinary legislative act and would give to the inalienable rights ol Uberty, private property and the pur- suit of happiness no more sanction than that of an annual appropriation bill. Can it be that the power of a temporary majority of the electorate by a single popular vote to do away with rights secured to individuals which have been inviolable for 70C years since the days of Magna Charta approves itself to those who love -lib. erty and who hold dear it's sacred guaranties? Would we not in glving such powerful effect to the momentary {mpulse of a majority of an electorate prepare the way for the possible exercise of the grossest tyranny? Finally, I ask what is the necessity for such a crude, revolutionary, fitful and unstable way of reversing judicial construction of the constitution? Why, if the construction is.wrong, can it not be righted by <« constitutional amendment? The securing of that, it is true, is usually hedged about by checks and ballances devised to secure delay, deliberation, discussion before # change of the fundamental law PBut such amendments can be made, and if so the efiect of the decision can de reversed in respect to 3 new law 2y an amendment with express terms #f authority to ewact such a law. An answer made to this is that the tame judges will construe the amend- ment and defeat the popular will, as In the first instance. This assumes dishonesty and a gross violation of their oaths of duty on the part of Judges, a hypothesis utterly untenable. It the meaning-of the amendment is made plain, as it readily can be of ourse, the court will follow it. I bhave examined this proposed method of reversing judicial decisions on constitutional nuestions with care. I do not hesitate to say that it lays the ax at the foot of the tree of well ordered freedom and subjects the guaranties of life. liberty and proper- ty without remedy to the fitful im- pulse of a temporary majority of an electorate. questons to be settled by judicial rea soning and far-sighted experience which are not to be -expected of the electorate or welcomed by it. TIf the issue is transferred to them the sim- ple question will be of the approval or disapproval of the law. What this recall of decisions will then awount to if applied to constitutional ques- tlons is- that there will be a suspen- slon of the constitution to emahlz a temporary majority of the electorate to enforce a popular but invalii act. Suppose the act to be invalid he cause it infringes the rights of liberty of a certain popular -2lass and by in direct means suspends the writ of habeas corpus in their cases. ask any candid, fair minded man if the decision of such a question when sub- mitted to a popular majority is nol Hkely to turn rather upon the popular disfavor of those affected than wupon the possible infraction of the -consti- tutional liberty of a citizen. Let an- other law involving other classes whc could make themselves heard be sub “Opinion of Justice Miller. Mr. Justice Miller of Iowa, was one of the greatest jurists that ever adorn- ed the supreme bench of the United States. Speaking for that great court in the case of Loan Association vs. Topeka (20 Wall 655) in a case pre- senting the question of * the . consti- tutionality of a law imposing a gen- eral tax on all citizens to pay for a factory to be run and owned by a private company, after referring to the act as “An invasion of private Right” he sald: “It must be conceded that there are such rights in every free govern- ment bevond the control of the state. A government which recognized no such rights which held the lives, the lberty and the property of its citi- zens subject at all times to the ab- solute disposition and unlimited con- trol of even the most democratic despotism of power, is after all, but a despotism. It is true it is a despotism of many, of the majority if you mitted and would not the court's de- cisfon likely be sustained by the min- ority? Special Privileges. Take another - case, instances o which have frequently arisen fn ow history. Suppose in the early devel opment of a state the question arises whether a series of special privilegee sball be granted to a rich company willing to invest if only the privilege: are exclusive and - certain. Suppose the court finds the law unconstitution: al and the decision is submitted to the people. In an early state of develup ment the popular yearning is for capi- tal and expansion, and the popular vote might well fasten such a burden on the state and people fore Ot course, in this day and generation such.danger will be said to be remote. choose to call it so. - For it is none the less a despotism. It may well he doubted if a man is to hold all that he is accustomed to. catl his own, all in’ which he has placed his happiness and the security of which is es- sential to that happiness under the unlimited dominion of others whether it 18 not wiser that this power should | be exercised by one man thai ‘many. s T “Theory of our governments, state and national, is opposed to the deposit of unlimited power anywhere. The executive, the . legislative and the Judicial branches of these rovern. ments are all 'of limited and define powers . ! tency of popular decision is one which|® Dot exfat and which are respected by all governments entitled to the name, “To lay with one hand the nower of the'government on the property of the cltizen and with the other to hestow 1t upon favored individuals toatd pri- vate enterprise and build up privat fortunes is none the less a robbery because it {s done under the form of & law and fig called taxation. This Is not legislation. It as a decree un- der legislative forms.” Power of Popular Majority. Do not the words and illustrations of this case bring before us what we might expect from the exercise of the power of a popular majority to reverse & solemn judgment of a court in fa- vor of an individual against a meas- ure that for the time being seemed to the people something that would help all and yet which was plainly a tres. Pase upon individual, rights. I agree that we are making prog- ress and ought to make progress in the shaping of governmental action to secure greater equality of opportunity to destroy the undue advantage of spe- clal privilege and of accumulated cap- ital and to remove obstructions to the pursuit of human happiness, and in ‘working out these difficult problems ‘we may possibly have from time to time to limit or narrow the breadth of constitutional guarinties in respect of property by amendment. But it we do it let us do it deliberately, un- derstanding what we are doing and with full consideration and clear welghing of what we are giving up of private right for the general welfare, Let -us dp it under circumstances which shall make the operation of the change uniform and just and not de- pend on the feverigh, uncertain and unstable determination of successive votes on different laws by temporary and changing majorities. Such a pro- posal as this is utterly without merit or utility and, instead of being pro- gressive, is reactionary, instead of be- ing in the interest of all the people and of ‘the stability of popular govern- | ment is sowing the seeds of confusion | and tyranny. 1 Children. are much more likely to contract the contagious diseases when they have colds. Whooping cough, diphtheria, scarlet fever, and con- sumption are diseases that are often contracted when the child has a cold. That is why all medical authorities |{g. say beware of colds. For the guick cure of ‘colds you will find nothing better than Chamberldain’s Cough | Remedy. It can always be depended 's upon and is pleasant and safe to take. For sale by Barker’s Drug Store. A settlement of the Dundee (Scot-| land) dockers’ and carters’ strike on a basis which provides for conces- sions ‘to both classes of workers has | Bemidji at the council rooms in the ci STUDEBAKER CARS WIN, Montgomery, Ala., March 4, 1912. Studebaker Corpn., Detroit, Mich. The Flanders 20 began 1912 as it left off 1911 by winning the first sanctioned track race of the season a five mile open on the Montgom- ery track under the auspices of the Alabama . Automobile association The Tiedeman Trophy E-M-F “30” finished second, but reversed the.or- der in the other race of the day, a ten mile event. The Flanders was driven by Lundgren and the E-M-F by Cohen, the pair swept the board though the entries included a Stutz, a Bulck 16, an Overland and Olds mobile, and other high powered cars. g Bruske, For sale by Northern' Auto Co. You can say goodbye to constipa- tion with a clear conscience if you use -Chamberlain’s. Tablets. Many have been permanently cured by their use. For sale by Barker's Drug Store. A general strike of all trade un- ion members has been ordered in Brisbane, Queensland, in support of the striking street car employes, who demand that they be allowed to wear union buttons. > 'TO CURE A COLD IN ONE DAY Take LAXATIVE BROMO Quirine Tab- lets. Druggists refund money if it fails to cure. E. W. GROVE'S signature is on each box. -25c. NOTICE OF APtLICATION —FOR— LIQUOR LICENSE STATE OF MINNESOTA, % 88, Notice is hereby given, That application has been made In writing to the city council of sald City of Bemidi! and filed in my ofice, praying for license tosell intoxicating liquors for the term commencing on April st 1912, and terminating on April ist, 1913, by the following person and at _the following place a8 shlled in sald applicatiun, respectively -wit: ANDY ANDERSON at and in the front room ground floor of that, certain two story frame building located on the south 25 feet of the north 65 feet of l?m 10, 11 and 12, block 19, original town- te- Sald ‘spplication will be heard and deter- mined by said city council of the aty of ty hal in said city of Bemidli, in Beltrami County, and fltblfio( Minnesota, on Monday, the 25th, day of Mar, 1912, at 8 o'clock p. m. of that day. itness my hand and seal of City of Be- midji, this 9th day of Mar. 1912. b (Seal) GEO, STEIN, City Clerk, Mar. 9—Mar. 16. been arrived at. Northern Automobile Co. announces their lines for 1912. Ford, Flanders, EMF “30” and Case Automobiles RANGING IN PRICE FROM $590 TO $2050 The above companies' and Strongest financially, are three of the largest They have never failed or'gone bankrupt, consequently are not compelled to pay interest on indebtedness and that is why they can give more valuation for the money. A few sug- gestions for anyone buying an automobile. Look up the company and see if they are fiinancially good, or if they have ‘ever failed, see if they are doing busi- ness under one name-and owned by another incoror- ation, that means high cost of production. Look for .the satisfied customer, talk to him, then get down to details and compare point for point the construction. See if the working parts are exposed so the sand will cut them out in a few hundred miles or if they are inclosed so they will run for years and years if the car has satisfied the See public so well that while the manufacturer is one of the largest they are run- ning night and day to supply the demand, and when the dealer wires'in an order for cars that should have been shipped the answer comes back, “Our cars are not a drug on the before it is manufactured. That is the car you want. baker, and Case lines of tations on such pow- | er, which grow out of ‘th order in earlier. Have patience, we will get to you.” “titled to all this information, ask for it _paying the straight legitimate price and want the best valuation for your money. You are an individ- . ualbuyer, not a municipality asking for bids and : g to accept the lowest bid. You are entitled to aluation as you will find in the Ford, Stude-- be placed early. to insure prompt delivery. Every car we sell is guaranteed for a year. market; every car is sold Should have gotten your You, Mr. Buyer, are en-° You are: autpmobile. Orders must FOR RENT—6 room houge on Tenth - for men’s attire are ens and fashions we clothes made to ord Bemidji, Minn. The Most Recent Ideas handsome Spring and Summer wool- from our Ghicago tailors, Ed. V. Price & Gompany If you have us take your measure for receive the greatest clothes satisfac- tion you ever enjoyed for the money. O’Leary-Bowser Go. embraced in the have just received er by them, you’ll Fine Tailoring Class Department ified The Pioneer Wah!‘ Ads [, . oasw wrm oory’ | ] 14 cent per word per lssue | Regular charge rate 1 cent per word per 15 cents. HOW THOSE DO THE BUSINESS The Ploneer goes everywhere so takes it and people who'do not take the 80 your want ad gets to them all, 14 Cent a Word HELP WANTED anted hosiery to wearers; big com- | mission; make §$10 daily; experi- ence unnecessary. Address IN- | TERNATIONAL MILLS, 3038 | | Chesnut, Phila. WANTED—Dining and sleeping car | conductors $75-$125. Experience | unnecessary, we ‘teach you, write | Dining Car World, 125 W. Van | Buren, Chicago. WANTED—Apprentice girls at the} Edwards Sisters Millinery parlors. | 310 Beltrami Ave. 3 i WANTED—Short order night cook. insertion. No ad taken for less than Phone 31 WANT ADS that everyone has a neighbor who paper generally read their neighbor's Is All It Costs MISCELLANEQUS o o S s B MEN—If you want work, sell guar- | ADVERTISERS— The great statc of North Dakota offers unlimited op- portunitiés for business~to classi- fied advertisers. The recognized advertising medium is the Farga. Daily and Sunday Courier-News, the only seven day paper in the. state and the paper which carries; the largest amount of classified: advertising. The = Courier-News. covers North Dakota like a blank-. et; reaching all parts of the state _ the day of publication; it is the paper to use in order to get re- sults; ratestone cent per word first insertion, one-half cent per word succeeding insertion; fifty cents per line per month. Address the Courier-News, Fargo, N. D, FOR SALE FOR SALE—Why not buy a piece of | land now while you can buy it/ cheap and have a home of your own in the dairy, timothy, clover, grains and vegetable part of Min- nesota, Where failure as they have in other places; never known. I have a few thousand acres of my | Address Box 421, Bemidji, Minn. | i | i | i i | i | | WANTED—100 merchants in Northe ern Minnesota to sell “The Bemid- J1” lead pencil. Will carry name of every merchant in advertising columns of Pioneer in order that all receive advantage of advertis- ing, For wholesale prices ‘write or phone the Bemidji Pioneer Of- fice Supply Co. Phone 31. Be- midji, Minn. own and a large amount listed, giv- i ing me about 80,000 acres to choose from. Some of this is improved and as good land as there is in the state. John MeDougald, Black-;B duck, Beltrami county, Minm, | FOR SALE—An eight-room house, in | good location; will take a five- room house in exchange as part payment. J. Bisiar, 318 Minneso- ta Ave. Bemidji Music House, phone 573. FOR SALE—Bemldji residence prop- WANTED TO TRADE—What have you to trade for new standard pia- no? Call at second hand store, 0dad Fellows Bldg. OUGHT AND SOLD—Second hand furniture. 0dd Fellows building, facross from postoffice, phone 129. WANTED—T want o rent stable room for a few weeks. Write to Hugh Malcolm, Bemidji, Minn. Mrs. G. B Cole, Nurse; 515 Bemidji Ayenue; 319 Phone. erty for sale or exchange for land. E. J. Swedback: 3 FOR SALE—Full - blood Barred Rocks. J. G. Williams, 1016 Am- erica Ave. FOR RENT ———— FOR RENT-—150 acre farm, about © 11 miles southwest of Bemidji. Good house and outbuildings; with or without machinery. Will fur= nish cows if desired, J. J. Jen- kinson, Maltby, Minn St., between Beltrami and Minne- i sota Ave. Address H Tenstrike, Minn. . Stechman, Huffman Harrs & Reynolds INSURANCE