Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-07-16
Populistic Attack on the Supreme Court.
Chicago Times-Herald.D

NNhitdSo H.
There are two planks in the Chicago
populist platform which. to be rightly I'M
derStood. must he read together.
This is one of the two:
Until the money question is settled we
are opposed to any agitation for further
changes in our tariff laws. except such as
are necessary to meet the deficit in rev
nlc caused by the adverse decision of
But for this decision by the supreme
court. there would be no deficit in the
revenue under the law passed by a Dem
ocratlc Congress in strict pursuance of
the uniform decisions of that court for
nearly 100 years. that court having in that
decision sustained constitutional obiec-
tons to its enactment which had pre-
ViouSly been overruled by the ablest
Judges who have ever sat on that bench
we declare that il is the duty of Con-
srcSs to use all the constitutional power
which remains after that decision, or
which may come from its reversal by the
court. as il may hereafter be constituted
so that the burdens of taxation may be
equally and impartially laid to the end
that wealth may bear its due proportion
Of the expenses of the government.
In other words. way must he found to
compel the supreme court of the United
States to reverse itself and approve an
income tax
How can it he done?
The other plank referred to points a
way:
We are opposed to life tenure in the
public service
That is to say. elect Bryan and popu-
list ma jority of the lower house. and n
law can speedily be passed retiring
enough members of the present supreme
court to enable Bryan to fill their places
With populists and thus secure a decision
affirming constitutionality of the income
tax.
There is nothing whatever in the con-
stitution itself to bar this programme.
The constitution says: The judges. both
of the supreme court and inferior courts
hstD hnI hnj off fltri ha-
haNior a populist Congress, a free sill
yer syndicate Senate and Il populist
president could make short work with
the clause good behavior
1t may be true that to construe the
phrase artitcially would be revolution.
Would il he any more revolutionary than
the proposal that citizens shall be de,
prived of the right TO make contracts?
That also is part of the populist pro-
gramme Is il more revolutionary than
unqualified prohibition of the issuance of
reason to believe that our coast defenses
were to be subjected to hostile test and
that money to rect the new conditions
Son 1d The populi n platform ia asserts
that even for such an emergency We shall
not issue bonds. Would it be more revo-
iutionary TO remove Judges of the SUI
preme court for bad" behavior because
their decision on a given subject would
be unsatisfactory to a popuist Congress.
populist Senate and a populst presi-
dent?
But it will not be necessary for the
Bryan populist government to resort to
removal if that course should seem too
obnoxious The number of judges of the
supreme court can be increased That
lies wholly within the statutory power Of
the legislature. and increase of their
number has frequently been urged OH ac-
count of the great volume of business
There will be no difficulty finding cross
road lawyers in populist districts to snap
at the salary of a supreme court Judge
to the supreme bench would
be a great gift with which Candidate
army of boy orators of the plains. There
are decisions smacking enough of repu-
diation in certain western states to show
just where the right kind of income tax
affirming Judges could be found.
Increase of the supreme court bench Is
the greatest peril drawn into sight by the
populist platform. 1t is the greatest be-
cause it would be carrying populism into
the last stronghold of constitutional lib
erty After its intrenchment there we
should have n long period of dread and
danger before it could be eXtlrpated.
The populist leaders have acquired this
court packing idea from the monarchy of
Great Britain. The desperate WING pol
iticians of sixty years ago. knowing that
the upper chamber as the constituted
would not assent to their policy. extorted
a pledge from the king that he would
add enough peers to their number to se-
cure acquiescence. The house OF lords is
the supreme court of the realm as well as
a branch of its Legislature. The same
threat has been made several times since
and submission of the upper chamber has
been thus more than once won TO meas