Pine Bluff daily graphic., 1896-08-23
LINCOLN ON THE
 SUPREME COURT.
Freedom of Speech In Po-
 litical Discussions.
THE INCOME TAX DECISION,

AA41 A-s OSA-4 4EA GAO4NlONs Abraham Lincoln's Opinion as to the Fx-
 tent to Which Supreme Court Decisions
 Are Binding Upon the PubIic-The Chi
 cage Convention In Nc Mood For Re-
 fined Rhetoric.
 The ferceness with which some of your gold contemporaries denounce the plank of the Democratic platform de- 9laring fer an income tax notwithstand- ing the decision of the supreme court adverse to the recent law imposing such q tax recalls the historic debate between MT. Lincoln and Judge Douglas in 1858. In the course of that debate Judge Douglas charged Mir Lincoln and his party with resisting what was known as the Dred Scott decision, and i'll an- swer to that charge Mir Lincoln thus states his view Of the extent to which supreme court decision is binding upon the public "as ruler of political ac- ton :''
 l First, to absolutely determine the case decided, and, secondly, 10 indicate to the public how other similar cases will be decided when they arise For the latter use they are called 'precedents, aud are of greater or less authority &C., cording to circumstances If the Dred ' Scott decision had been made by the unanimous concurrence of all the judges, and without any apparent partisan bias and i'll accordance with legal expecta- tion and the steady practice of the de- partments throughout OUT history, CT if 1t had been before the court more than once aud had there been affirmed and reaffirmed through course of years, it might then be factieas not to aequiesce ill it as a precedent But when, as is true, we find it wanting i'll all these claims to,the public confidence, it is not factions, 1t Is not even disrespectfRl to treat it as not having yet quite estab- lished a settled doctrine for the country.
 ''This same court opce decided na- tional bank to be constitutional, but General Jackson, as president of the United States, disregarded the decision and vetoed | bill for Q reeharter of the bank partly on constitutional grounds Again and again I have heard Judge Douglas denounce that decision and ap- plaud General Jackson for disregarding it. The sacredness which Judge Dong- las throws around this Dred Scott de- cision is 6 degree of sacredness that has never before been thrown around any other decision. 1 never heard cf such 8 thing We believe the Dred Scctt de. cision to be erroneous. We know that the court that made it has often over- ruled it's own decisions. ard we shall do what we can to have it overrule this We do not resist it. If 1 wanted to take Dred Scott from his master, that would be resisting the decision, but am doing Ho such thing as that. l sim ply refuse to obey 1t as political rule "
 Here we have Mir. Lincoln's opinion as to how far the public is bound to fol low a supreme court decision politically. The income tax decision is certainly less entitled to public confidence on the record than that of the Dred Scott case, for not only was it made by bare ma jority of a divided court, but 1t was 6 fiat reversal Of all elaborate judgment of the same court on the same law.
 The platform does not, however, Gre sist' the decision as 1t stands. If it were proposed to levy and collect an income tax under the law declared to be uncon- stitutional, that would be resistance" to the court, and hence revolutionary, l but nothing Of the kind is contemplat- ed. It must be remembered that the l American people reserve the right to ex- press their views ia respect to all branches ef the public service. The sa- prene court enjoys 10 exemption from this rule Whether tie language of the platform $ sufficiently reverential to- ward the court IS more g matter of good manners th8a Of civil CT political her esy. But the convention was in no mood 1 for the refnements of rhetoric CT the l 6nesso of the parlianentalian. It's dec l laratioAs are 8 resentful protest against what it deems the oppression of the people by trusts and ndonopolies, and the 1 language used is, as 1t should be, straightforward and determined. Free dom of speech ill the discussion of pub 1 lie affairs is 6 part of the unwritten law of the country and tends to the be- nefcence and stability Of the govern ment. Those who would deny or re- strict tkis right to g representative body like tke Chicago convention are either thougAtless CT insincele. A Republican in New York Journal
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