The Evening dispatch. [volume] (Provo, City, Utah) 1891-1895, 1895-05-22

THE SUPREME COURT.

Time was once when patriotic Amer
leans always named the supreme court
In bated breath and with every sem
blance of profou und Tespect-La ay, with
the utmost reverence. 1t was a some
thing almost too divinely good for
human nature's daily food. All along
from the foundation OF the govern
mert down to the commencement of
the war, men were accustomed to say
of any new and untried principle of
any doubtful constitutionslity: IN ever
mind, the supreme court will get hold
of that soon and then you'll see." 1t
never once entered the public mind
that this great court could err, and as to
doing wrong by design, the very sug
gesr!on of such possibility subjected
the individual to severe reproof. 1t
was indeed AN exalted body of men.
At the close of the war, the southern
soldiers were comforted by the refec-
tion that the matters of death and
confscation, SO much feared, would
have to come before the supreme court
before such penalties for participation
could be assessed in any number. The
old-time respect for, and confidence
in the court survived those fou ryears
of wonderful struggle, and bitter pas
sions, suferings and final defeat. The
spirits of Jay Marshall and others of
the venerable judges survived in their
successors, or so permesIed the halls
of our national court, that those judges
coming after the great names we have
written above imbibed the eleyatiun,
purity, dignity and exalted virtues of
the fathers of the court. No trace of
partisanship, of money, fear or
cajolery was ever found or traced to
an effect upon these men.
Last session the congress OF the
United States and the senate, after due
deliberation and the most exhaustive
examination Of the constitution framed
and passed an income law which re-
Ceived the presidential signature. The
measure was popular with all classes
save those whose annual incomes were
more than $4,000, Even the repubh-
can leaders kicked themselves un-
mercifully because they had not passed
the law during the existence of their
power IN the national legislature and
administration.
That was all well enough, but the
zeal governing power Of the nation
the millionaires-had not yet spoken
at that time. Since then they have
spoken and in no uncertain or ambig-
uous words, either. Cases were made
and hurried through the courts below,
and Monday the principle first reached
the full court-Justice Jackson hay
ing been Ill and absent during the first
hearing of the case. The result is that
overriding the constitution itself and
disregarding every consideration OF
justice and expedIency, the majority of
the court declared solemnly that the
income tax law is unconstitutional.
The announcement of the wonderful
decision has benumbed the nation;
men, lawyers and patriots everywhere
seem daZed, astOunded and indignant
But the one fearful effect has been the |
loss of respect of the masses for the |
court. Since Monday we have for the |
first time in life heard the court spoken
of with disrespect. Men now ask il |
anything is safe since this court is
within the reach Of Lombard and Wall
streets. We do sincerely trust that the
injury seems greater at this moment
than it will really prove to be and that
a fuller investigation will sustain the
majority decision. If this does not |
speedily follow untold injury is sure to
result. Revolution and the upsetting
Of the government are possible results
of this decision, Indeed the effect, vast
and all as it has been, is not at all dis
to the gravity of the oc-
casion, and it need not excite wonder.
The only wonder that should be felt is
that after all cur revered and ven
Grated supreme court is proven to be
within the reach of the influence which
30 often sways senates and lower
courts,