Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1895-06-06

| DuO TOT obvious reABon5 no Brehb
amount Of criticism was heard and
they simply occupy places US parts OF
our history.
Now grave questions confront us.
Are the American people losing re-
spect for, and confidence IN their
courts2 II 80, what are the reasona2
/ do not propose to answer the ques-
tions at this time, but leave the reader
TO answer for himself.
The Journal truly says TINT the
nine men constituting the Supreme
court Of the United States mag nulli-
fly every law enacted, The very fact
that they have such power, onght to
convince any one that life appoint
ments are subversive Of u government
by the people.
The makers OF the constitution
doubtless intended to make tho judi
ciary independent Of partisan politics,
and with this end in view the life
tenure was established IN that de-
partment; but, as Col. Ingersoll said
in relation to the decision Of the Su-
preme court on the Civil Rights Act,
I've must remember too, that we
have to make judges out of men, and
that by being made judges their pre-
JUDGES are not diminished and their
Intelligence is not increased" ltalics
/. are mlne). It would seem therefore,
that, (n view Of the fact that one OF
the justices changed his views, aud
that this question Of the right OF the
government to tax it's citizens for its
support had to be, or was decided by
: a divided courf, prejudices has not
been diminished nor intelligence in
creased in the present court, II I
, am asked why take this position, /
answer that the constitution either
gives congress the right to levy the
taxes, or it does not give it that right.
1t can not be both ways, nor ought
men learned in the law to send out to
the country the idea that its language
: is ambiguous. The people Of the
/ country are not satisfied with a de-
Q cision by divided bench, and eS-
/ pecially one which affects their basic
:, law. How can they beR They be.
{ lieve that what is meant by the con-
: stitution ought to clearly appear to
I each one Of the nine men who constr
s tuts our highest court, and unani-
/. nous decision would have at least
1 been evidence to them Of sincerity on
o the part of the court.
!, The tenure Of Office in the judiciary
o department is too long, and as the
q questions Of electing president and
q United States senators by direct vote
J. of the people are being widely dis
}. cussed, other phases of the constitu-
@ ton might be prohtably considered,
n and none is more worthy Of the best
h thought OF the land than that which
o will lead TO a more just formation
a and organization Of our "court OF last
/ resort" Let the judges be appoint
, ed for a term Of years, and let them
. be made answerable to the people for
y misconduct or corruption in office.
. The term of Office could be 30 arrsng-
K ed, and the number to be appointed
n at any one time 30 limited, that party
politics could not enter into its com.
: position. Why not reform the Su.
: preme court9 II we do not it will
9 declare the law OF gravitation uncon-
a stitutionRl.
Mr.. Editor, Bob Iugersoll criticised
. the Supreme court on one occasion,
+ saying; "While they had the right to
Q render the decision, every citizen has
Q the right to give his opinion as to
whether that decision is good or
bad"
Justice Harlan said IN his dissent
t ing opinion in the late case; In my
= Judgment this decision strikes at the
very foundation Of national authority.
y II this new theory Of the
: constitution, as believn it to be
is justified by the fundamental
} law, the American people cannot too
, soon amend their constitution"
Justice Brown said at the same
time: The decision involves moth
ing less than the surrender OF the
taxing power of the monied class.
Z hope it may not prove the
, first step toward the submergence OF
the liberties of the people in sordld
despotism OF wealth"
With such illustrious examples be-
; fore rs, ard with the light of reason
and justice for our guide, may not
each citizen OF this republic freely
give his views on all public questions?
| think so, and while there may he
: those who will ha Mortified and cry
. "treason," yet l am satisfied that