The representative. [volume] (St. Paul, Minn.) 1893-1901, 1895-04-24
USURPATION.
II
THE REPUBLIC HAS CEASED TO
EXIST.
The Supreme Court Absorbs All
Power.

clSlOn mas SO Stlrfe0 the American peO-
pie as the emancipation of the Income
Tax law, by dthe United States Su-
preme Court, multiplying a sentence
here and approving of another there,
so as to let 4ff the millionaires. like
the Astors, who derive their income
from rents of real estate; or the other
millionaires, who have their wealth
sllted down in state and municipal
bonds; while all other persons have to
walk up to the captains Office and set
tile.
AS we said the other day there is not
a particle Of authority, in the Consti-
tuition of the United States, for the
Supreme Court to nullify and set aside
an act of Congress, which is legally the
act of the whole people. The assump-
tion has gone forward, step by step,
until now that court is the final arbi-
ter CT the destinies of the American
people; it decides what laws shall gov
ern them; and thereby determines
their prosperity or poverty.
In this case it has put its foot for
ward still farther. Heretofore it only
claimed the right to decide whether
an act was constitutional as whole.
Now it asserts it's power to dissect the
statute in controversy, run it's pencil
through one passage and let another
stand, until. as in this case, the result
is an incongruous abortion which
neither house of Congress would ever
have passed. Clearly this is not jul
dicial work, but legislation. To amend
by striking out is as much law-mak-
ing function as to amend by adding;
and the power that is able to modify
the laws of this land is clearly the ul-
innate and absolute power in this
land.
And the worst of it is that while the
people in this so-called republic are
supposed to determine by their votes
the nature of their laws, and the char
acter of their officers, this Supreme
Court does not, in the slightest de-
gree, rest upon the consent of the gov
erned. These judges are appointed by
the presidents: and experience has
shown that as rule, they owe their
places to the great corporate interests
which furnish the money for the ma
tional campaigns. And they hold
their places for life.
These men in gowns are the real
power. All the rest is ''leather and
prunella"
Why put the people to all the toll
and expense Of electing members Of
Congress and Senators to pass laws in
the name of the people, when, in an
other chamber Of the Capitol, sit a
dozen lawyers. with power to say not
only what laws shall stand, but what
parts of what laws shall continue to
rule the people. o.
This country is no longer republic.
By quiet and insensible processes it
has become an oligarchy of wealth,
selected by wealth, and ruling in the
interests of wealth. The people have
no more control over these men than
they have over the orbits of the plan
cts.
And when you add to these terrible
conditions the further fact that the
whole hing is an absolute usurpation.
without shadow of authority in the
written instrument, the constitution,
which is supposed to define the powers
and duties of each department of our
government, we begin to understand
something of the depth of the abyss
into which we have fallen
But it may be said that Congress
may, in it's statutes, clearly violate
the constitution, and then there must
be some authority to hold it in check
But that is not this case. Here is a
paragraph from the decision Of the
Supreme Court in this Income tax
case; it is to be found in the sixth
paragraph of the sylla bus, which reads:
IS. That the understanding and
expectation, at the time Of the adop-
tion OF the constitution, was that d.
rect taxes would not be levied by the
general government except under
pressure of extraordinary exigency,
and such has been practiced down to
Aug, Is, 1894. If the power to do so is
to be exercised as an ordinary and
usual means of supply, that fact fur
nishes an additional reason for Cir
cumspection in disposing of the pres
ent case"
Here, it will be perceived, it is not
pretended that any part of the Income
Tax law is in direct conflict with
any provision of the constitution. but
only with the understanding and er-
pectotion at the time of the adoption Of
the constitution" Whose under
standing and expectations" And
where is it expressed? And who is to
interpret it-Congress or the Court?
And what is the constitution to be-
come if a bench of corporation attor-
neys are to decide the validity of all
acts of Congress, not by the terms of
the instrument itself, but by "the I'M
Outstanding and expectation" of some
nameless person or persons who lived
more than hundred years ago?
We might just as9well abolish Con-
gress and ask the Supreme Court to
make our lawsIs Let us drag the gilt
tering veil from the face of this des-
potsm. SO that the people can look
upon their Prophet of Khorassan.
Away with the pretense of self-gov-
eminent when thereSis none.
The bred Scott decision overthrow
clio 1ory o1tI,ou~h itwac ip+onIod -