The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1896-10-02
TWAS NOT ALWAYS THUS.

TWAS NOT ALWAYS THUS.
Mr.. Cockrans Wing of Democracy Did Not
Always Revere and Defend the Supreme
Court.
In the course of his attempted reply
to Mr.. Bryan's speech, Mr.. Bourke
| Cochran said:
| (Mr. Bryan's) manner as candidate. however
much the vehemence Of his eloquence may
| have been reduced, two things for which he
| stands remain unaltered. On this platform he
| defended the most revolutionary plank of the
! Chicago convention in speeches vehement but
not less earnest than that in which he sup
ported their adoption. On this platform he de-
Tended the populistic programme of overthrow
| ing the integrity OF the supreme court.
If there be any fruit which has grown for the
| benefit OF all mankind out of the establish
ment of our republic, it has been the demon
stration that it is possible by the organization
| Of an independent tribunal to safeguard the
rights Of every citizen and protect those natu-
| raj privileges against any invasion. from what
| ever source or however powerful might be the
| antagoniZing elements
The very existence of that power pre-sup-
poses the existence Of an independent tribunal,
| yet we have this populist convention because
a populist measure was condemned as uncon-
| stitutional, proposing, not to amend the con-
| stitution in the ordinary way prescribed by
| that instrument itself. but proposing to pack
|
| to be constitutional which the constitution it
| self condemns proposal to make the courts
| Of law instruments of lawleSsness: to violate
| that sacred compact between the states
| which the security of this nation rests to pro-
| fame the temple erected for its pro lection by
the hands of false priests, who though sworn
to defend it, will be appointed to destroy it
The New York Sun is probably the
most representative organ of the Han
Mates or Cleveland republicans and
fully indorses everything Mr.. Cochran
| said.
The Sun is the foremost of the east
ern newspapers in denouncing the Chi
cago platform as anarchistic, especially
as regards it's plank on the supreme
court. Yet, in 1877, the Sun attacked
the supreme court in the most vicious
manner. Here are some of its utter
| ances:
| The fury Of an honest and indignant popular
| opinion, however rising, it assuredly will
| like whirlwind and a storm, may safely be
trusted to drive the present nominal judges
| from their places upon the bench, substituting
judiciary for that political body.-Sun, Feb
ruary 49, 1877
Oh, justice, how much lower can you sink
der the polluted partisan touch of Mil
Ter, Bradley and Strong-the three republican
justices?-Sun. February 49, 1877.
Three of them (the three being the supreme
court justices) from the first act the last in
this disgraceful business were more partisan
than the politicians. = 1t is not sur
prising that these judges, who treated their
solemn obligations as dicers' oathS, should
have taken the precaution, at the outset to
clude reporters from their secret sessions. and
thus deny a betrayed people the poor privilege
of seeing the record Of their treachery and
perjury-Sun of February Is, 1877.
1t is great misfortune but it is fact, that
n a
longer has the respect or the confidence of the
people When it was packed to render par
ticular decision in the legal tender case the
popular faith in this court. once SO illustrious
and almost religiously esteemed, received a
great shock: but now that it is a plainly and
avowedly partisan body the regard for it is
gone altogether-Sun. February ~, 1877.
Speaking on March 3, 1877 of the electoral
commission, Of which, as has been noted. the
supreme court judges were an important part,
the Sun remarked: Their action merits and
will receive the plauditsof all states prison and
penitentiary inmates. with the unenumerated
constituency Of villains without granite walls
or grated windows"
But it is not necessary to GO outside
of the supreme court itself, to find
caustic and bitter criticism of the in
come tax decision. If the Chicago
platform is revolutionary and anarch-
istic because of its criticism of the in
come tax decision, what is to be said
Of the opinions of Justices Harlan,
Jackson, Brown and White? Mr.. JUS
tice Harlan. in his dissenting opinion
on the income tax law decision, SAYS:
cannot assent to an Interpretation of the
constitution that impairs and cripples the just
powers OF the national government in the es-
sential matters Of taxation. and at the same
time discriminateS against the greater part
OF the people of our country.
The practical effect of the decision to-day is
to give to certain kinds of property a position
OF favoritism and advantage inconsistent with
the fundamental principles OF our social organ
ization and to invest them with power and in
fluence that may be perilous to that portion Of
the American people upon whom rests the
larger part of the burdens of the government,
but who ought not to be subjected to the do
minion Of aggregated wealth any more than
the property of the country should be at the
mercy Of the lawless.
Mr.. Justice Brown concludes his
opinion as follows:
While have no doubt that congress will
ind some means OF surrounding the present
crisis. my fear is that in some moment of ma
tional peril this decision will rise up to frus-
trate its will and paralyze its arm Ihope it |
may not prove the first step toward the sub
mergence Of the liberties Of the people in a |
Sordid despotiSm OF wealth.
As cannot escape the conviction that the
decision of the court In this great case is |
fraught with immeasurable danger to the fu- |
ture Of the country, and that it approaches the |
proportion of q national calamity, feel IL INV |
duty to enter my protest against it
Mr.. Justice jackson sums up his dis
senting remarks in the following Ian
guage:
Considered in all its bearings. this decision |
=. IN my judgment, the most disastrous blow
ever struck 1t the constitutional power Of con- |
sresA
Mr.. Justice White says:
Il Is. I submit, greatly 70 be deplored that. |
after moro than 100 years Of our national exist
ence. after the governmeut has wishstood the
civil strife and its people have bec0me united |
and powerful, this conrt should consider ftself |
compelled 70 90 back 70 : long repucfated aud I
re1ected theory Of TIE constitution BY which