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Show I WHEN JUDGES OVERSTEP THEIR BOUNDS. Government by the Judiciary was vell Illustrated In a case In New York in which a law enacted In th? exercise of the police power of a city was declared unconstitutional. .Jefferson said that governments are republican only as they embody the will of their people and execute it The courts of this country, as presided over by certain judges would ignore the mandates of tho people as expressed in legislation and grant only such privileges as met with their views. An Fa?tern paper gives thi- account ac-count Of the overriding of the legisla the branch of government by the judicial "Last week the court of special 6esslons of New York city- declared that the city smoke law was unconstj tutional because It was an Invasion of private right In tho pursuit of a I lawful occupation Tho Edison company com-pany of that city had taken an appeal to that court from a conviction for burning soft, heavy smoke producing coal. Unrestricted greed easily could convert New York with Its bright sparkling atmosphere into a veritable Plttshurg If the people are denied the right to protect t hf- m se Ives against such a nuisance ' As 3 contemporary says. "The Instance serves to Illustrate the Justice of the protect of tho Progressives Pro-gressives against government by the court? Our entire system of gov eminent has suffered a change tho fathers of the republic could net have forseen In Its last analysis, government in the United states has become government by the judiciary However wl6o, however farsighted. however righteous are the men who wear ermine, they are but men as! other men are, and no more qualified than other men to govern wisely, indeed, in-deed, as Judge Caldwell once a?9erf ed, they are less fit than the aver age man to determine wisely as to many social questions It ought not to be fn the power of any court to Set aside the well con-1 sldered will of the people. In cases involving interpretations of the constitution, con-stitution, the people who frame the constitution should have the poweT of determining whether such decisions decis-ions shall be permitted 10 stand It IB for them, not for judges, to be the final arbiters." on |