The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-04-21
ssTJFFING THE COURT"


To the Editor: The editorial in your
issue or the 18th inst, under the heading
stufang the Court" says: Ballot box
sSanlng. counting in and other ingenious
devices for compelling the majority to
yield 10 the minority are not altogether
unknown. but they have never extended
10 the supreme court OF the United
States Your editorial shows great and
accurate familiarity with the history of
mat court. but Il omits all alhlsion to
the one most remarkable fact in that
history, the one most strikingIy pertinent
TO the subject OF the editorial, ana one
which Ia In sharp conflict with the con-
Guiding statement In the above quotation.
IL Is matter OF familiar history that
the decision Of the United States supreme
court declaring the greenbaek act con
stltutional was procured only by a DELHI
crate and unbiushiug ''stufilng'' OF the
court.
When the case involving that question
nrst came before that court. IL was COM
posed OF only seven judges, the chief
Justice being Salmon p. Chase. who had
been secretary OF the treasury IN Mr.
Lincoln's first cabinet and who, while in
that Office. had originated the greenbaek
act and carried it into execution. The
court, by vote of four TO three. held
the act unconstitutional, Chief Justice
chase being one OF the four who de-
clared unconstitutional the act OF which
he himself was the father.
That decision was very offensive to the
small ring that then dominated the over
whelming Republican majority ia con
gress and arrogated TO itself the right
10 run things without the slightest re-
gard for anything but its own wishes.
ana those ringsters Immediately concert
ed plot TO secure a reversal of ths de-
ciston so offensive to them.
"a he. Gs4-s
moved for reargument OF the case,
and on account or its great Importance
that motion was granted. The attorney
general then plausihly stated 10 the court
that. on account OF the vast importance
or the matter. he required a considerable
time to prepare properly for the rear
gument. This seemed entirely reason
able 10 the unsuspecting court and II
accordingly fixed the date for reargu-
ment several months IN the future. and
further consented to withdraw IN the
meantime, the decision it had just rem
dered.
The very large "contraband in the
fence" surrounding this motion then I'm
mediately revealed himself with the
broadcast OF grins beanling all over 1his
swarthy visage. The ringsters at once
prepared bill increasing the num-
Der OF judges OF United States SUI
prene court from seven TO nine. This
was rushed through congress and prompt
ly signed BY the president.
To nil the two new judgeships the pres
ident nominated two lawyers whose atti-
tude on the constltutionality OF the
greenback act was perfectly well known
Bradley. OF New Jersey. and Strong. Of
Pennsylvania The senate promptly con-
hrmed the nominations.
The reargument came on to be heard
before the newly constituted court and IT
held the greenback act constitutional re-
versing the former decision by vote of
five.to four, the two new judges voting
with the former minority OF three, as 1t
was known in advance they would
In view Of this bit of well-known his
tory. does not your statement that the
"stufiing" process has never extended
to the supreme court of fhe United
States seem somewhat too sweepinge
MARSHALL p. STAFFORD.