Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1889-01-04
THE SUPREME COURT.


is vested in this tribunal. 1t can, with
a stroke of the pen, nullify any act not
merely of State Legislature but OF Con-
gress itself, when the issue of suit be-
fore it depends upon the validity or In
validity of that law by declaring it I'M
constitutional. In no other government
but this does court have the right to
consider whether or not law is in ac-
cordance with the constitution. Judges
are expected to administer the laws as
they are, not to consider the ight of the
legislature to pass those laws. This
feature of the United States Govern
ment has challenged the admiration OF a
great many foreign observers OF Amen-
can institutions, not only because it
places the Interpretation of the funda-
mental law in the hands of body
wholly removed from politics, and not
subject to frequent changes of member
ship, but because the great power ha:
been exercised on tho whole, with SO
much conservatism and wisdom.
The function of the Supreme Court,
like many another governmental insti-
tuition, has been developed gradually.
1t was certainly not the intention of the
convention which framed the Constitu-
ton to confer the power in question on
the Supreme Court; but it followed SC
logically from the language of the Con
stitution that as early as the administra-
ton of John Adams the foundation OF
the courts present authority was laid.
In the early disputes between the
States and the general government the
theory that the Supreme Court could
be an arbiter between the conflicting
governments was most stoutly resisted.
Before the War of 1912 it was part OF
the creed of anti-Federalists that the
court could not pass upon the validity
of State law. We cannot give the
history of the change which took place,
step by step, until not only did the
court assume the final authority on all
questions of the constitutional rights Of
the general government and Of the
States, but the people acquiesced in the
arrangement. Nothing else contrib
utcd so much to this change as did the
powerful and reasonable decisions made
by Chief Justice Marshall. who held
the Office thirty-tive years, from 1901 to
1886.
At present the propriety of submit.
ting every question of constitutional
law to this tribunal is disputed by nc
one. Nor does any State or State
court think of resisting the DEGREES Of
the Supreme Court of the United
States. There are certain matters on
which the court itself occasionally de.
cines to express a Judgment, for the
reason that it does not enforce decree
against an unwilling State, but instances
of this sort are rare. The strength OF
the court lies in its discretion and in its
freedom from partisanship. Very rarely
has q political bias been attributed to
the justices, and time has proved the
wisdom of most Of the great decisions.
The members of the court have always
been selected with great care, and sell
dom has weak man been placed on
that high bench.
In one respect their is room for i'm.
provement. The decisions of the court
must be obeyed; but they are en-.
titled to Difference and respect. That
we may be specific. we will say that
sneers at the court on account of It's tel.
ephone decision are foolish and have q
bad influence. Those who find that the
court is against them have always
thought that the decision was wrong
just as did, probably, vast majority Of
the people of the country when Mar
shall wrote his great opinion in the
bank cases; just as great party did
when the reconstruction acts were pro-
nounced constitutional. But the court
is as free from temptation to decio.
wrongly as any human tribunal can be,
and every good citizen should accept it's
DEGREES not merely as something which
must be obeyed, but as the authorita-
tive Judgment Of men Of great ability
who are sworn to the faithful and i'm
partial administration Of the law
Youths Companion.
HOW DICE AXE MADE,
In dingy little shop on one of the
upper floors Of an old building in Ann
street, New York, an old Frenchman
works day after day making dice. He
uses old ivory cane heads, umbrella
handles. damaged billiard balls, and
job lots of ivory that he buys for song.
He uses fine saw which is operated bv
treadle, a turning lathe, a buffing or
polishing machine, and number of
sharp chisels and drills. The French
man has been o turner and carver Of
ivory all his lite. He cuts out the little