EDITORIALS

Clinching Popular Government THE Supreme Court of Wisconsin has unanimously upheld the constitutionality of the primary election law. On April 5, it handed down a decision which, stripped of legal...

...It should always be borne in mind that the people are the masters and that the members of the legislature are their servants and that the agents should always give due consideration to the view of the principal...
...1. of the federal constitution...
...The mere fact that the law provides a different method of making nominations theretofore made at public assemblages, such as caucuses and conventions, is held not to constitute in any sense an abridgment of the right of assembly or petition guaranteed by the constitution...
...It says (by Justice Barnes) : "A law when enacted, affects the people of the state, and not merely the law-makers who made it...
...It is not apparent how our primary law can be held to be so coercive as to destroy judgment and discretion on the part of a member of our legislature when he comes to perform the duty of electing a U. S. Senator...
...It is difficult to understand why a million a year should be paid a man for no other apparent service than to be near the President that the latter may have a tennis partner when needed or a prompter when making speeches on Alaska, but of course it requires some wherewithal to buy or lease a house whenever our much-traveling President stops over Sunday and this seems to have been one of John's little self indulgences...
...ON APRIL 4 the Maryland senate, by a.vote of 17 to 9, passed a joint resolution endorsing the income tax amendment to the constitution of the United States...
...3. Because the act in question abridges the right of the people to assemble and to consult for the common good...
...The majority of the people is as apt to be right as is the majority of the legislature...
...These representatives are chosen in a democracy because it is impracticable for the people to assemble and make their own laws...
...It gives the people of Wisconsin a secure hold upon direct nominations, a method of bringing government closer to the voters...
...and the requirement of a statement by the candidate that he will qualify for the office if elected...
...How About Your State...
...Apparently the modern city sees in these girls only two possibilities, both of them commercial: first, a chance to utilize by day their new and tender labor power in its factories and shops, and then another chance in the evening to extract from them their petty wages by pandering to their love of pleasure...
...3 of art...
...It goes even farther and reaffirms the principle established forty years ago in Wisconsin that the referendum may be employed in making general laws...
...Thus, one by one, are the states coming into line for a federal tax on incomes...
...A test case was recently brought into the courts, assailing the Wisconsin primary election law on five grounds: 1. Because the provision that the act should not take effect until it had been approved by a majority of the electors voting upon the question was an unconstitutional delegation of legislative power to the voters of the state, and makes the whole act void...
...4. Because the act unlawfully and unreasonably limits the rights of candidates for office in securing support from voters and the rights of voters to participate in the selection of candidates for office...
...A Self-Indulgent Millionaire ACCORDING to the current issue of Hampton's Magazine, John Hays Hammond, the man Friday of the Guggenheims, soldier of fortune, mining expert, pleas-, ant gentleman, etc., has been the shadow of President Tapt ever since the latter assumed office...
...In its decision it upholds the interpretation insisted upon by the trainers and supporters of the law...
...On the provision relating to the nomination of United States Senators, the court says: "Not a word is said in the act about requiring legislative candidates to pledge themselves to support the nominee of the party...
...The law on its face does not convey the impression that it contains a sinister assault upon sec...
...Where, in a doubtful case, there is any impropriety in the agents consulting the wishes of his principals upon questions of general public policies, is not readily perceivable...
...This decision does great service in clinching popular government...
...Neither does it restrict the choice to some person who was voted for thereat...
...Wherein serious harm will result by securing an expression of opinion from the principal, is not apparent...
...The court further suggests that the primary nomination for United States Senators does not differ essentially from the exercise of the right of petition, and that thereby the legislator is informed of something that he has the right to know and that it is his duty to heed, and that moral suasion may be a perfectly legitimate agency to employ in the election of the United States Senator...
...2. Because the act in question Is a general law and was never published after its final approval by the voters of the state...
...It is not only permissible but it is proper that he should receive such advice...
...We all know the danger to life and to morals which this involves and we wonder if Pennsylvania is expecting by this means to rear good citizens for itself...
...On April 5, it handed down a decision which, stripped of legal terms, means that no constitutional barrier stands in the way of submitting general laws to a referendum vote of the people, or of placing the nomination of party candidates directly in the hands of the voters...
...We see thousands of girls walking up and down the streets on a pleasant evening with no chance to catch sight of pleasure even through a lighted window, save as these lurid places provide it...
...They furnished the only available means by which a candidate might become advised of the wishes of his constituents on this important subject...
...He is described as the highest salaried man in America...
...The court did not sustain a single one of these objections...
...Unhappy is the man who hangs on princes' favors, wrote Shakespeare three hundred years ago, but John Hays is not seeking personal preferment...
...These rights are held to be unimpaired...
...Members of the legislature simply act as servants and representatives of the people who elected them...
...the secret ballot made up of distinct party tickets enabling the elector, without disclosure, to vote the pArty ballot he chooses...
...Formerly, political conventions, * * * when held, very often expressed a choice of candidates for the sena-torship...
...It is as if our cities had not yet developed a sense of responsibility in regard to the life of the streets, and continually forget that recreation is stronger than vice, and that recreation alone can stifle lust for vice...
...If the act which the agent proposes doing is detrimental to the best interests of the state, it is the principals who suffer in consequence thereof...
...It had already passed in the house...
...It is none the less true that the a^ent hv hie oath of office, swears that he will defend the te and federal and perform the duties of his office to the best of his ability and when vox populi point in cne direction and our organic laws in the other, we must assume that the agent will courageously obey the behest of his oath and his conscience...
...In "The Elimination of National Party Designations from Municipal Ballots," Robert Treat Paine, Jr., argues convincingly for nonpartisanship in city politics...
...Under our form of government, the majority may not always be right, but it must of necessity rule...
...Exploiting City Boys and Girls SINCE the soldiers of Cromwell shut up the people's playhouses and destroyed their pleasure fields, the Anglo-Saxon city has turned over the provision for public recreation to the most evil-minded and the most unscrupulous members of the community...
...We, in America, are apparently just beginning to learn that there is no Democratic or Republican method of running a city government and party names are largely used by ward politicians to mislead voters and to cover the abuses of the Spoils System...
...are upheld as being reasonable legislative regulations as to how party nominations should be made...
...In the Wisconsin primary election law the people were given control of their government without straining the constitution...
...On the contrary, the purpose of the provision relating to the nomination of U. S. Senators may not orly be lawful but may be entirely praiseworthy...
...That advice can now be conveyed most effectively through the vote of the primary...
...Defects of a political nature may be corrected by legislation, and self-government strengthened, now that the constitutionality of tha law is assured...
...5. Because the act in question operates to coerce the judgment and discretion of the legislature in choosing United States senators and unlawfully regulates the manner of choosing such senators and operates to secure their election by popular vote...
...So far from that, he offered an unappreciative party last year to immolate himself on the altar of the vice presidency...
...He says: "In Australia, whence we adopted the improved secret ballot, there has never been in city elections any party designation on the ballot...
...In order to regard it, he must hear it...
...The law in terms imposes no duty upon any member of the legislature to vote for any person who was a candidate before the primary...
...Jane Addams, in "The Spirit of Youth and the City Streets" * * * ¶That section of the Pennsylvania Child Labor Law which was introduced against the protest of the Pennsylvania Child Labor Association, and which permits boys of 14 to work in glass factories at night under certain conditions, is now being made by the factory inspector an excuse for permitting boys of 14 to be employed as messengers at night...
...The limitation of the number of signers upon a petition for placing the name of a candidate upon the primary ballot...

Vol. 2 • April 1910 • No. 15


 
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