Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1896-05-07
TAR VETO.

tention among the people. This is
question which has been at times con-
siderably discussed before and was one
of the subjects of contention in the
constitutional convention.
The question resolves itself mainly
into this: Which can be the bet
ter trusted with the peoples bust
: ness, large body of men collectively
supposed to represent the people, or
one manP If the one man chances to
be a Jackson or a Lincoln, the veto
IS blessing, If he is a Cleveland it
is a curse.
In our national history we have the
one glorious incident of General jack
sons heroic fight on the National
Bank. 1t was apparently case where
the president could not be corrupted
while Congress succumbed to the ma
lign influences of the money power
which was then almost as threatening
as now. This is one score on the side
Of the veto.
There is constitutional question to
our mind Of much more pressing i'm
portance than the elimination Of the
veto power of the president expressly
granted by the constitution. The veto
power of the Supreme Court is always
as quickly considered by interested
parties in adverse legislation, as the
veto power Of the president, and is of
much more consequence to the people,
because, rightly or wrongfully their de-
cision is considered as final. There is
no going back to Congress for another
vote with the possible chance of secur-
ing two-thirds majority. We are of
the opinion that the trainers of the
constitution never intended to grant
such powers of notification over laws
regularly passed by Congress and the
president as the Supreme Court has
assumed to itself. The only constitu
tiOnal provision touching the matter
reads: "The judicial power shall ex-
tend to all cases in law or equity aris-
ing under the constitution, the laws of
the United States and treaties made
or which shall be made under their
authority" 1t will be perceived that
the judicial power extends to cases
UNDER the constitution, the laws of
the United States, ETC., and where they
get authority to overthrow such laws
is to us unknown. This practice or
usurpatiOn was violently cOmbatted
by General Jackson and also Abraham
Lincoln. During his fight on the re-
charter of the National Bank, Old
Hickory made use of the following
language in his inaugural address:
1.-THE opinion of the judges has no
more authority over Congress than
Congress has over the judges and on
that point the president is independent
of both"
In his first inaugural address, Abra-
ham Lincoln said: 81 do not forget the
position assumed by some that consti-
tutiOnal questions are to be decided by
the Supreme Court, nor do deny that
such decisions must be binding in any
case upon the parties to snit, while
they are also entitled to very high re-
speCt and consideration in all parallel
cases by all other departments of the
government; and while obviously pos
slble that such decisions may be erro.
NOUS in any given case, still the evi
effect following it, being limited to
that particular case. with the chance
that it may be overruled and never be-
come a precedent for other cases, can
better be borne than could the evils of
a different course. At the same time
the candid citizen must confess that if
the policy of the government upon the
vital questions affecting the whole peo-
pie is to be irreYocably fixed by the de-
cisions of the Supreme Court, the in
slant they are made as in ordinary lit
igation between parties in personal
actions, the people will have ceased to
be their own masters unless having to
that extent practically resigned their
government into the hands of that en-
inent tribunal -Barretts Life of
Lincoln, p. POS.
In his debate with Douglass (same,
p 1871 he said. 1.-THE people are the
rightful masters of both Congress and
courts, not to overthrow the constitution
but to overthrow the men that pervert
that constitution" These men saw to
what lengths the rule by courts was
likely to go and gave such warning as
should be needed by the present and
succeeding generations.
Mr.. S. S. KING Of Kansas City, Kan
sas, we'll known as the author of sew.
| eral reform hooks remarkable for thai,