OCR Interpretation


The day book. (Chicago, Ill.) 1911-1917, January 06, 1912, Image 2

Image and text provided by University of Illinois at Urbana-Champaign Library, Urbana, IL

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045487/1912-01-06/ed-1/seq-2/

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such personal knowledge and
present the pitiable spectacle of
men trying to pass on such mo
mentous questions by fitting to
them trespass laws, regulating
promissory notes.
The remedy he suggests is the
referendum, pure" and simple.
Let the courts first decide on
"The people, acting directly
by means of a referendum, or
through their representatives
in constitutional conventions
f or legislative bodies, are the
Makers tf public policy. A
constitutional statute cannot
be contrary to public policy,"
Chief Justice John B. Wins-
low, Wisconsin, in decision v
sustaining constitutionality of
the Workmen's Compensation
Act.
-
the constitutionality of a law, he
says, but i the courts decide the
law unconstitutional let the peo
ple have six months for debate,
and then let the people say by a
referendum vote whether or ao
they still wish the statute; and if
they say they do, let the law go
on the statute books.
The editorial marks an epoch.
It marks the recognition by a
former president of the United
States of a demand of the people
that, coming from the people, has
been branded as anarchy.
Here are som eexcerpts from
this editorial which is going to
rip some of the standpatters up
the back:
'"Experience has shown that
festering wrong" and injustice
may be perpetuated because cer
tain judges are steeped in some
outworm political or social phil
osophy." "Here (in America) the courts
rlppirlp whpthpr nr nnf tfip fipnnlp.
are to have their will." OP1
"I ant speaking of the judge
when, by virtue of his position, he
declares the people as a whole
have, or have not, the right to car
ry out a given policy A power
which may give .one man, or
three men, or five men, the right
to nullify the wishes of the enor
mous majority of their ninety
million fellow citizens."
"If the courts continue to use
it (the power to kill legislative
statutes by declaring them uncon
stitutional) with the recklessness
that has been shown in the past,
it is almost inevitable that efforts
will be made to amend or abol
ish it."
"Let the state courts first de
cide. Unquestionably such de-
"Such decisions (as that of
the New York supreme court
in killing the Workmen's
Compensation Act in that
state) merely tend to fritter
away the timeof the legisla-
tures." Kansas Supreme
Court, in sustaining constitu-
tionality of Workmen's Com-
pensation Act
cisions will carry great weight
with the people, and certainly in

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