The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1896-10-02
TWAS NOT ALWAYS THUS.

SIR. COckran's 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;
Whatever change may have come over bis
(Mr Bryan'sl manner rs a candidate, however
much the Vehemenoe o. his eloQuence may
have been reduced, two things for which he
stands remain unalteTed. 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.
II 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 thatit is possible by the organization
OF an independent tribunal to safeguard the
rights of every citizen and protect those natu4
raj privileges against any invasion, from what
ever source or however powerful might be the
antag0nizng elements
The very existence Of that power pre-sup-
poses the existence Of an independent tribunal,
yet we have this popGlist convention, because
a populiSt measure was condemned as unCon-
stitutional, proposing, not to amend the eon=
stitution in the ordinary way prescribed by
that instrument itself, but proposing TO pack
the courts so that it will pronounce those laws
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 on
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 its 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, as It assuredly will
! like WhlrlWind ana q 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
ruaFy IS, 1877
Oh, justice, how much lower can you sink un-
der the polluted partisan touch OF Mil
Ter, Bradley aud StFong-the three republican
iustices?-Sua, February 1S, 1917.
Three OF them (the three being the supreme
Lat Il,
this disgFaceful business were more partisan
than the politicians It is not sur
prisng that these judges, who treated their
solemn obligations rs dicers' Oaths, should
have taken the precaut.On. at the outset to ex-
3lude reporters from their secret sessions, aud
thus deny betrayed people the poor privilege
Of seeing the record Of their tre1chery and
perjury.-Sun OF February 49, 1871
It is great misfortune but 1t is a fact, that
the supreme court OF the United States no
longer has the respect or the confidence Of the
people When it was packed to render par
JiculRr decision in the legal tender case the
popular faith Ia this court, once so illustTinus
and almost re igiously esteemsd, received q
great shock; but now that it is a plainly and
4vOwedly partisan body the regard for it Is
gone sltogether-Sun, February z, 1871
Speaking on March 8, 1917, OF the electoral
commission, OF which, as has been noted, the
supreme court judges we're an important part,
the Sun remarked: Their action merits and
WillreceiYe the plaudits'of all states prison and
peRiientiary inmates. with the unenumeTated
constituency OF villains without granite walls
or grated windows"
But it is not necessary to 60 outside
Of the supreme court itself, to find
caustic and litter criticism of the in,
come tax decision. If the Chicago
platform is revolutionary aud 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 bis dissenting opinion
on the income tax law decision, says;
Icannot assent to en- Interpretation Of the
constitution that impairs and cTipples the Just
powers OF tbs Gatioaal government in the es-
senti8l matters Of taxation, and at the same
tine djscriminates against the greater par
Of the people OF our country.
The practical eject Of the decision to-day i.
to give to certain kinds Of property position
Of fav0ritism aud advantage inconsistent with
the fundamental principles Of our social organ
izatiun and to invest them vita power and in
duenCe that may De peFilouS to that portion o.
the American people upon whom rests %,
larger part Of the burdens OF the government
but who ought not to be subjected 10 the 90
miniOn Of aggregated wealth any more thar
the property Of the coultFy should be at thi
mercy OF the lawless.
Mr. Justice Brown concludes hi'
{ opinion as follows:
While I have no doubt that congress VII
6nd some means o! sgfmountiag the preSen
crisis, ny fear is that In some moment Of IA
tianei peril this decision viii rise up te fgus
tFate It's viii snd paFilyze its arm hope i
nay not prove The first step toward the suo
msTeancs Of the Liberties Of the peopie IN
sor.is. dsspotIsm OF wealth.
As / cannot escape tie conviction shat las
decision Of the COURT il this great case L
fraught with imReasurabis danger 70 the ~
ture OF the country. and that il approaches IN
proportion OF a national calamity, tesl it M
duty TO enter my protest agsirstit
Bir Justice Jackson sums 10 his dis
sentiag remarks IN the following Ian
guage:
Considered in ali It's bearings. this dsoisiol
is, in ny Judgment, the InoSt disastsous 5loy
ever struck at the constitutional power Of con
grsss
mr. justice White says:
It IS, ] submit, greatly 70 be dePlorsi thzi
after more thsn To- years Of our national east
eHce after tie EoTeramens has Fithstood 20
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isisg.ss sas.1Jy z ~ e5as.sllss II SAFE