The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1886-12-15


off. If for sufficient reason, why he
has been reinstatcd, an acknowledged
Republican, and 4 good Democrat
discharged to make 4 place for him.
Was there no other Democrat com.
rctent to fill the Off ? If Capt.
Little was competent, and no other
reason existed for his discharge cx.
cept that he was Republican, why
was he discharged If sufficient rca.
sons existed for his discharge, why
discharge a competent Democrat and
rcinstatc Little We want light and
the public have right to and do de.
mand an explanation from Collector
bradley. We acknowledge that we
arc opposed to civil service reform
root anu branch, but the above is not
question involving that subject.
We want ARCHAEOLOGICAL News and
HerolR, Dec. Sth.
The President and the Supreme Court.
1t is not at all improbable that the
appointment Of a majority Of the jus.
tees Of the United States Supreme
Court may fall to President Cleye.
land. Indeed, this i3 altogether
probable if Mr.. Cleveland is to serve
a second term. Justice Woods has
not appeared on the bench this sea-
son, and it is serious question
whether he will ever return. or the
other members Of the court four
Waite, Miller, Field and Bradley
have reached that age-sevcnty-at
which they arc entitled by law to re.
tire with continuance Of salary for
life.
Should President Cleveland have
the appointment Of five Justices
they being a majority Of the court
1t would be an event which, we he.
licvc, has happened but once in the
last half century if not since the orig
ina! organization Of the court. Pres
idcnt LiMco.n II appointed five Supreme
court Justices, Of whom two-Miller
and Feild-arc still On the bench.
This VIC believe is greater number
than has ever been selected hS any
one President. Grant appointed
three, Hayes two. Garfield one and
Arthur two.
The influence that may be welded
by the Prcsidcnt--with the consent
Of tho Scnate--in the appointment of
q majority Of the Supreme Court is
greater and more far reaching than
is generally supposed. Few are
aware Of the vast power exercised by
that tribunal. 1t can make or un.
make the fundamental law Of the
land. 1t can enlarge or restrict the
prcrogatlves Of the President or the
powers Of Congress. 1t can increase
or diminish the centralized power of
the nation. 1t can extend or curtail
tie dominion Of State sovereignty.
In theory this vast power belongs
to the people alone, and can be cxer-
cised only by them by virtue Of their
exclusive right TO make, unmake or
amend their constitution. But, as a
matter OF fact, it can be- has been
and still will be welded by five men
a majority Of the national Supreme
Court. That tribunal is final ar
bitter Of the constitution, and while
it has no authority or right to change
the constitution, but only to inter
prct its meaning, it has repeatedly
given to that instrument a force and
effect never intended or even dreamed
Of by its trainers. The constitution
means just what the Supreme Court
may say it means, AMI when the
court has spoken its edict becomes a
law that can be changed only by
amending the Constitution or by the
Court reversing its own decision.
illustrations are abundant. In
the Drcd Scott case the court de.
clarcd that q negro was not and could
not become citizen. That decision
was denounced by the ablcst jurists
rs being contrary to the Constitution.
But the principle remained in our
system cf law till cradicatcd bv the
fourteenth amendment. The court
first declared that Congress has no
power to issue legal tenders. Then
it declared that Congress has such
power. In one or the other Of these
instances the court changed the Con-
stitution and enlarged or restricted
the powers of Congress. At first the
court gave TO the fourteenth amend.
mcnt an Interpretation that greatly
curtailed the power of the general
government and enlarged that Of the
States. 1t has since adopted q con.
struction that curtails State sovcr.
eighty and extends The principle of
ccntraliZation. Whatever view it
may take, its decision represents the
law to be observed by the President,
Congress, States and the people.
Such is the power that may be
welded By five OF the nine men sit.
ting iii q small room Of the Capitol at
Washington. The naming Of the
five 10 Sorun rnr nnn., ,.nnrn L. eI.,..a