The Forrest City times. [volume] (Forrest City, Ark.) 1871-1919, 1896-10-23
and patriotic men feel that If not checked
IL must destroy free institutions.
The supreme Court.

INC supreme tVNA~
THE Chicago platform denounccs the
peculiar conGuct OF the supreme court IN
me income tax case.
tine platform declares that the income
tax Ia " hod been passed an strict pursuance
OF the uniform decisions OF that court -or
nearly 100 years that the court hdd II
the last decision sustained obJecnohs %
that law Whi-n had previously been over
ruled by the same court, and the platform
therefore IN substance declares III tayOr
of securing the reversal OF that decision
if possible and OF having congress 90 all
in its power 10 cqualiZe the burdens or
taxation so that wealth may bear its due
proportion of the expense Of government.
This criticism OF the supreme court Is
denounced as subversiVe Of order and de-
structive OF the respect that IS due that
tribunal. Astonishing as IT may appear,
men formerly connected with the demo-
cratic party and men connected with the
republican party insist that courts are Of
a sacred character and above the reach
of criticism. Ny friends, i give way %
no man in admiration for American in
stitutions My life has been spent IN try
ing to protect the flag of my country and
trying to advance the educational ins5itu-
lions of the country, and as an officer Of
the court serving In the capacity Of prose-
cutor. and for five years a judge Of the
Superior court OF Chicago, and after this
experience at the bar and on the bench.
I say to my countrymen that there can
not be in q republic any Institution exempt
from criticism, and that when any insfitu-
ton is permitted tn assume that attitude Il
viii destroy republican government The
judicial branch Of the government Is lust
IS much subject 10 the criticism II the
American rocrle rs are the legislative or
executive branches. ard u needs this eriti-
cism more than does either OF the other
two branches. because by reason cf fra-
Gucnt changes tho people can NATE their
will felt n tho legislative and executive
Offices. but aS the federal Judges are not
anroirfed by the reorle and are not re-
sro0sihle 70 thora. and for all practical plir-
poses cannot he reached exceDt by the
moral se0timeU+ and sense Of Justice cro-
ated n tho public mind by free ~~iticfs-0.
Tho Judges Of cur federal courts are as
honest rs other men q nd no more So. Thcv
have the 50 me Dassions and prefrdices
that other men have. and gre t1sf liable
- make r7'sta' res ard 70 move n the v-ore
direction a. other mon arc. and tNe safetv
OF the renuhIic not onl~ permits hut
actually ron''ires that +he cotton - re
courts should ne horcSfIv I'D th0rcuChlv
scanned end te freely criticised rl-t ---ttN
view of arousing resistance To the de-
cts'o7 ~ the court. hut FOR tho nurnose
orror and 70 correct e. The more fao'
trat the s1nreroe court has Pll through
ite career reneatediv- ~eE.e~sed its own de-
cisi0rs shows It's fallihilitv
The supreme court cannot by mere De-
ciston upon a constitutional question rob
the people OF the powers of self-Coveru-
from deciding for themselves. through the
properly-constituted machinery, whether
they will accept the decision of the SUI
preme court as being final or whether they
viii refuse to accept IL as a rule OF action
As Mr.. Lincoln said II does not neces-
sarily become a rule OF political action
power OF self-Rovernment In favor Of
either legislative. executive or the judi-
cial branch of the government. For the
benefit of so-called democrats who have
criticised this plank in the platform. I
would recall the language Of jefferson al
ready. quoted, and will add the follow
Ing; In lsno Mr.. jefferson wrote to 4 friend
as fellows: You seem 10 consider the
judges as the ultimate arbiters of all con-
doctrine indeed and one which would place
rs under the despotisn Of an olgarchy
our Judges are as honest as other men,
and not more so. They have with others
and the privilege of their corrs and their
power is the more dangerous "a they are
IN Office for life and not responsible as the
Other flInetioraries are to the elective con-
troll. The constitution has erected no such
tribunal, knowing that TO whatever hands
conh5ed. with the corruption Of time nd
Of party. its members would become des-
pots The constitution has more wisely
made all the departments co-equal and CO.
sovereign within themselves. 7 would Ike
wise remind you Of the language of An
drew Jackson. After the supreme court
had held the national bank bin to be con-
sttuuonal IN all parts he refused 10 be
bound by that decision and asserted that
he, 5 president, would not be bound TO
hold the national bank to be constitution
al, even though the supreme court had de-
cided IL TO be so. He accepted the doctrine
OF Mr.. jefferson and acted upon IL under
his ofticial oath in vetoing a. charter for
the national bank, and l would remind tho
republicans who are making this crit
icism of the attitude OF Lincoln iowa I'd the
supreme court when discussing the bred
Scott decision in the Lincoln and Doug
las debate, when. in referring to that de-
cision. he said: We do oppose that decision
as political rule which shall be binding
on voter TO vote for nobody who thinks
II wrong: which shall be binding on the
members Of congress or the president 70
favor no measure that does not actually
concur with the principles of that decision.
We do not propose TO be bound by Il ss a
political rule In that way. Judge Douglas
would make that decision rule OF po-
litical action for the people and all Of the
departments of the government. | would
not BY resisting it as a political rule I
disturb no right of property. create no dis
order and incite no mobs.' Again he says:
We offer no resistance TO the bred Scott
decision. but we think ii is erroneous
We know the court that made II has often
overruled its own decisions. and we shall
do what we can to have it overrule this
one
I'm his first inaugural address he said
The candid citizen must confess that il
the policy Of the government upon vital
questions affecting the whole people IS TO
be irrevocably fixed by decisions Of the
supreme court the instant they are made.
as in ordinary litigation between ua.ties
in personal actions, the people will have
ceased TO be their own rulers, having to
that extent practically resigned their gov
eminent into the hands of that eminent
tribunal
Chicago Platform Voices Jerersonian
Doctrine.
Now that is the attitude which the Chi
cago platform takes toward the supreme
court at present. 1t recognizes the decision
Of the court as being binding so long as II
stands, but we believe the decision to be
wrong and in violation of the constitution.
1t was made by divided court and under
circumstances that look very strange if
not suspicious, TO the American people.
Let me quote a little more standard re-
publican authority. Senator Sumner. on
the floor of the senate on February 3, 1865. in
referring 10 the bred Scott decision
charged Chief Justice Taney with nagrant-
ly perverting the truth OF history He
compared him with the Infamous JefTreys
or England charged him with being a
tool Of the slave power, and said I de-
clare that the opinion of the chief Justice
in the case Of bred Scott was more thor
oughly 2bominable than anything of the
kind in the history of courts Then and
there judicial baseness reached its low
est points. An outrageous Judgment was
sustained by falsifcation of history the
constitution Of the United States every
principle OF liberty and historical truth
were falsifled'
But we need not look for authority out
side of the court itself upon the question
as TO whether II is sacred or is exceed
inglV falliblp and needs tho VIII -,