Show IL II Peo People P le Demand But They Rarely Rarely Get II I i Common Sense Interpretation of Law j 01 SENSE interpretation of the law is so something c hing that th the tho o IMON P public demands but bitt rarely gets The type of jurist who seeks seek s constantly for trivial flaws which h ho may use uso as n an nn n excuse to vitiate e I legislation which runs counter to his prejudices is IS unfortunately muc muces much h more common than the judge judg who believes batten es that the intent of the lawmaking lawmaking law law- making body s should be taken taken into account i in considering g the results result ts s of its deliberations and that circumstances which support the tho constitutionality constitutionality of a statute should bo be given equal or more consideration with h those which tend to render it null mill and void Of this latter type o of f jurist is Judge Jude D Orlady of the Superior court of Pennsylvania who wh o ot recently overruled the the finding of a lower court which had held an ac act t of legislature to be unconstitutional because of a defect in its title Judge Orlady said The authority of ot the courts to declare statutes unconstitutional is a power of ot high responsibility and nd not to be bo exercised except incases In Incases cases tree free from doubt and all doubt ia is to bo resolved In favor or of ot the constitutionality of a to statute and when a a. statute Is susceptible of ot two constructions one of ot which supports the act and gives It ef effect et- et teet and tho the other renders It unconstitutional and void the former will bo be adopted even though the latter bo be th the more marc natural Interpretation Interpretation Inter Inter- of ot the language used It is apparent that here is a member of the judiciary who understands understands understands under under- stands the proper functions of his biB particular branch of government andis and andis andis is not disposed P to transgress upon that of others His knowledge that his calm dictum diction can annul the acts of legislative e and executive e bodies that the tho power which hel holds hold in his hands is greater than the combined combined com corn authority of governor and legislature steadies him and makes fora for a greater appreciation of his responsibilities Instead of greedily seizing that power and exercising to its limit the brief bricf although comprehensive comprehensive com corn authority with which he if is clothed the very nature of his bis strength impels him to careful wat watchfulness lest he may transgress In the vision ision z of Judge Orlady the lawmaking powers of the state arc aro vested ex exclusively ely in the legislature as the body to which the people delegate that particular phase of their governing authority He has chosen to be wise tolerant and moderate rather than arrogant dictatorial dictatorial dicta dicta- tonal and puffed up by the temporary power he be wields This judges judge's broad and liberal interpretation of the law and of the tho duties and responsibilities of the judiciary will win bo be generally approved by laymen everywhere It holds the essence of jus justice justice ce and strikes boldly at the growing habit of the judiciary in straining at technicalities which defeat the wishes of the people and which have ha inspired complaint against all aU courts and all judges fudges As construed by Judge Orlady the judicial power to nullify a statute would be used only in in cases of gross unconstitutionality where the intent of the constitution was plainly I flouted or disregarded Inferentially his plain expression of opinion I severely criticises those members of the judiciary who lightly hold legislative legislative legis legis- acts and who pay more attention to the rules of the game than to the game itself or the games game's results If all occupants of the bench held the views views of this Pennsylvania jurist the widespread murmuring against the practices of the courts would never have begun The public sentiment which condemns the tho judicial practice of nullifying acts of legislative bodies because of hairsplitting hairsplitting hair hair- hairsplitting splitting technicalities that do not affect the main question emboldened Colonel Roosevelt Roose to launch his propaganda in favor of the recall of judicial decisions While that method was too bold for the people and the storm of denunciation which was hurled against it speedily forced its abandonment all recognize that abuses exist although unprepared to follow Mr Roosevelt in a corrective policy that could not help and would only hinder A great deal of meritorious legislation enacted in the interest of the people and in response to popular demand has been stricken from the statute books by th the declaration of the courts court's that it was in in contravention contravention contravention contra contra- of the constitution Bitter complaint has bas followed because the judic judicial 31 opinion could not urge that the intent of the law was opposed to the spirit of the constitution the point upon which the plea of unconstitutionally unconstitutionality was raised was merely technical and of no tance The legislation chanced to violate the rules roles as observed by the c courts although admittedly in the interest of the people and without violence of the fundamental law The attitude ude of Judge Orlady is one which other jurists might study with profit to themselves es The growing dissatisfaction with the Hue courts is is not that of the unsuccessful litigant who possessed as Abraham Lincoln Lincoln Lincoln Lin Lin- coln said the inalienable right to go down to the tavern and cuss the out court 1 Th The impartial public fully discounts the complaint of or the individual with a grievance Tho The dissatisfaction is with those who have viewed d at close hand the practice of the courts and have found them them wanting t 1 1 is evident from the torrent of letters and telegrams tele tele- California grams that that is pouring up upon n Senator Works Apparently of California that the entire citizenship of that commonwealth has not gone politically inNot ina in in- n Not t Wh Wholly 11 a 0 T y sane When the senator from the Golden state Insane denounced the attempt of Johnson Heney Hene and others to steal the Republican livery in which to servo serve t the e bull buH moose they replied through their o obsequious state te chall chairman an with a demand tl that at Senator Works resign his sea seat This he dech declines es to do dp declaring D that ho he was elected elects d as a Republican n by y a Rep Republican bh legislature and that those who seek his nean are not Republicans and have no legitimate right to criticise criticise crit crit- or censor his actions And his attitude is commended b by man Y many thousands of f his tits o constituents who praise his course The right of the new California machine to support for President any aspirant it desires cannot be challenged But its repudiation of the acts of the Republican national convention and its refusal to support the party nominee places it outside the party part pale It is no more Republican Republican Re Re- publican than are the members of the party part which delegated to Professor Professor Pro Pro- fessor Wilson the task a of f bearing its standard and which i is s alread already S Ss preparing pre pre- paring him for the quadrennial sacrifice The machines machine s bold attempt to steal the Republican electors ejectors of California for Colonel Roosevelt shows its political dishonesty and Senator Works is to be commended for refusing to consider the thc requests of such a band of political pirates J 1 I B BOTH OTH political parties in national convention I D Democracy have re reaffirmed their heir adherence to our settled set set- In Trouble tied national policy of rendering our na navy y a great and effective instrument for peace by makOver makOver mak mak- Over Naval ing it a powerful weapon for warfare To tho the Program Republican platform Republicans in in both oth Senate and House are giving point and direction b by Y standing firmly for the customary naval program of two new battleships a l year ear The House Democrats in D caucus s assembled assembled assem assem- bled previous pre to the national convention had spoken for but one battleship battleship bat bat- and had taken steps also to weaken the military arm But their national convention compo composed ed of representatives of their party from every nook and aud corner of the union declared for a policy that would build rather than destroy the navy and that would compel respect for it as a formidable fighting force wherever er met Be Because anse a national campaign is impending and the American people will win support no political party that strips the flag of capable defense it is probable that the House Democrats will call another caucus and change their minds as gracefully as possible In order to keep pace with foreign nations and because the great eat wars of the future will be fought in in the air and on the seas sens Uncle Sam Sum must be read ready y to de defend fend himself with great fighting ships One may may deplore the competition for naval supremacy that has haR been in progress for years ears but it would r be the height of foIl folly to withdraw from that race and invite ite attack b by those who better arc are equipped than we are arc Jack Johnson thinks there thero are four colored fighters who better than of the cc white are re any hopes Well some white men would woul not care if it there were four hundred lu an American July it is is a short step from mud t o dust on dirt 1 toads roads s Politicians only follow w Mother Nature when they cy do on on brief notice 1 I Z I I As that is good Republican doctrines we may safely take Mr Hearst's view yiew view of it although one may wonder at the versatility of a politician who can ean argue for protection and still support a tariff reformer of the professors professor's well known proclivities ITH the laudable desire of becoming in in- in What Is 1 w WITH formed as to the real business and purpose purpose pur pur- Ob Object 0 of f pose of the bull moose convention on which is to be held in in Chi Chicago ago on August 5 careful at at- at Bull Moose has hns been given to the various calls caBs that Convention are arc being issued for the appoint appointing n of or delegates to that meeting But in none of them is there sufficient information to quench the thirst of the eager cager inquirer The question has been directed to several sc of the leading followers of the bull moose as the toil they painfully past on their Wl way toI to II Armageddon to battle for the Lor Lord 1 They rep reply that its chief business business business busi busi- ness is is to nominate Colonel Roosevelt Roose for President President-o of the United States but that cannot be true since he is already nominated nominated nominated-he he has nominated nominated himself and arrangements are already mine oin forward in the thA various states to place cle electors tors on the ballot for him him Much J of f this o work k- k kiil will be done long b before fore August 5 5 the date fixed for the gathering g of tho the conspirators in Chicago Another says sass this convention is for the the purpose of pf writing a progressive progressive progressiVe pro pro- platform but that answer is not satisfying ing inasmuch inasmuch as the platform is already written ritten Colonel Ro Roosevelt has prepared the pl plat pint t- t form and the convention can do no more than perfunctorily vote otc for it Every business for which a national political convention might be called has already been transacted and the plans of the conspirators have hac been made Why then should they be called from their homes in the heat of summer to go to the hottest place in the United States to swelter and perspire under the hallucination that they are actually doing something when belt everything necessary to be done has been done 7 This convention is is merely a play to the galleries If it were an au honest convention honestly called to give eve voice to the desires of any considerable considerable con eon bod body of American American citizens if it were actually a meeting g of progressives every progressive w would cold be welcome But none WI will be I admitted unless he lie favors Theodore Roosevelt for President 1 lent If there be any who considers that he lie c could cold safe safely go there and suggest suggest some other nominee let him make mak the attempt but if he hc be a man of family let him inquire into the condition of his life and accident insurance papers The conspirators are conspiring for a definite purpose and anti the 1 fact that this result has alread already been achieved ed will wilt make no difference 1 upon the vengeance they would take upon an any luckless but courageous delegate who might suggest some other progressive as the nominee J Pleasure and business keep enough sails spread to remind tho the world how much more picturesque the seas and the lakes used to be c The kaiser preaches peace penco as if ho had lead never giT given n half the statesmen states states- men of Europe repented repeated of Ie nerves cases in iii his i warlord war war lord da days clays s t |