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law, and it certainly accords with our sense of what the law ought to be.
When the thirteen original states-Vassachusetts, South Carolina and the others-entered the union they did not by that act surrender, but retained, free from interference by the federal gorernment, the disposition of their waters and the general sovereign jurisdiction over them. We of the western states now demand as much for ourselves. Natural resources are to be developed and conserved, but we are unwilling, in the process, to surrender legitimate principles of state government to what we regard as temporary demands of federal economic policy. We are loyal to the union, but as governmental agencies of the union we have full confidence in ourselves. We have faith in our own control of the waters, mountains and plains of the home-land we have upbuiltland of town, trail, mesa, pine and sapphire sky; where the romance of C'te, Spaniard and forty-niner still tinges the daring of today; where we cateh the sun-glint of the plowman's blade, hear the miner's pick and the bell of the slowly roving herd; where we look up slopes toward snows that never melt, to colors that ever change the land we fondly call-the WEST.
FRED D. STANLEY
After two days of legal routine, it might not be amiss in the closing hour of our instructive deliberations, at a time when the social amenities of the occasion make us kindred, to dwell for a few moments on the potential possibilities of our commonwealth, and the important role. that the individual membership of this Association must assume, ere Colorado shall attain the position to which her resources justly entitles her.
Observing a custom that has grown to be a habit, I shall be candid in expression, yet, let it be understood, that in accepting the compliment of your invitation I shall respect the tenets of the Bar Association, and indulge in no personal or partizan criticisms.
The development and government of a state are essentially business questions, and when departures have been made from the fundamental requisites necessary to be observed for successful sovereignty, I conceive it to be the part of good citizenship, providing one's motives be right and judgment sound, to direct attention to our shortcomings, letting the responsibility rest where it may.
I am not unmindful of the fact that a spirit of unrest and reform are widely prevalent, and that states other than Colorado are targets for all sorts of vagaries, classified under the head of “cure alls”, and finding expression in statutory enactment.
With the commendable desire of public men to correct error wherever found, I am in full accord, but with this spawn, the product of ill-considered legislation, I have little in common, and can justify my own opinion, at least, that the consequences we will suffer under it, will prove far more serious than the evils sought to be corrected.
It is true that many of these contingent reformers seek justification in the fact, that much of this legislative jumble is in vogue in the Orient, while other of its features are the product of the Occident.
I have given some reflection to these claims of usage, and venture to assert that governmental policies that are adaptable to the Swiss Republic, limited in population, area, resource and activities, or the constitutional provisions framed and put in practice by the wards of an Eastern Monarchy dwelling in the Antipodes, are not, ipso facto, calculated to govern and control a race of people, who in less than one and a half centuries, have made a record of accomplishment that finds no parallel in recorded history; nay more, I believe it to be within the limits of truthful specch when I say that the achievements of these few years, as time is measured, will stand as the ear-mark of progress for all time.
I do not say that any sections of Europe or Australia, have designed policies of government that are not conditioned to fit the habits and customs of their people, but I do assert that the American mind has measured up to every problem we have been called upon to solve in the past, and I have every confidence to believe that it still has sufficient capacity to meet every domestic question that may arise in the American way.
We can hardly expect Colorado to be attractive to the nonresident, whose capital and presence we desire, under existing conditions.
We have cluttered up our statutes with an interesting collection of arrant nonsense, while the legislature, stripped of its once constitutional authority, is powerless to check the enactment of laws that may be initiated in haste, the evil consequences of which may not be so readily removed.
A court, in performing a conscientious duty in the rendering of a decision that protects the rights of property, or the lib.erties of the people, under the remnant of our constitution may be recalled, because forsooth, it may not conform to the notions of the erratic, and the decision vacated by show of hands.
Gentlemen, if this procedure does not remove the bulwarks of organized government, will you tell me why?
I do not assume to say of how much consequence the legislature has been in the past, but whatever claims to importance it may have enjoyed, it would appear, under present conditions, that its efficiency for constructive service is materially lessened.
Laws may be initiated or referred, by securing a fixed number of names at street car rates, after which the questions are voted by the ream; in short, any citizen with two thousand dollars and a grievance, can thrash his questions out at the polls at the cost of the state.
We can not ward off these fads, for they are upon us; the question is, are they sufficiently wholesome to retain.
Another problem vexing to Colorado and grievously injuring her reputation, is the unsettled conflict between capital and labor.
With the merits or demerits of the controversy I do not assume to deal; .I take the issue as it has been joined, discuss it from that standpoint and the incalculable injury that has been wrought to our institutions, as well as the shocking consequences that will result, unless respect for law and order are made to prevail by the stamping out of this insurrection.
In a state where peace and order should be the rule, and not the exception, we have had war and bloodshed, and at the present moment Federal authority is holding in leash the contending factions.
We either have a government under our constitution and laws, or we have not; if we have, why has this delirium been permitted to run such an extended course?
I care not who the governor of Colorado may be, or from what party he may come, there is due him, when the authority of the state is challenged by aliens brought in to foment strife, a solid and united support.
Of what consequence is civil authority in a State, when a considerable portion of her citizenship urge the settlement of questions like this by rebellious methods,with an utter disregard for law and order or the principles of sound government.
Are the claims of capital, or the claims of labor, superior to the peace and dignity of the state, one of whose functions is to foster and protect both?
It seems to me that the first obvious and immediate duty is to restore order and respect for law, through the exercise of such methods as it may be necessary to invoke.
The time for pleading or temporizing is past, the situation should be cleared up, and cleared up to stay, otherwise our state government is a mockery.
It would appear that the second obvious thing to do, is to secure the passage, at the earliest moment, of a law providing for compulsory arbitration, as it certainly can not be contended that the state having under her authority created one, and established laws for both, is not sufficiently potent to control them, in place of having her constitutional rights shattered and armed conflict usurp her authority.
The portals of Colorado have ever been open wide to the individual seeking to better his or her coudition, and with that spirit of Western hospitality and friendliness there can be no contention; in future, however, Colorado should make this salutary distinction, by sealing forever her doors against any man, or group of men, who come here lacking the elements of good citizenship.