Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-08-15
COURTS ARE NOT lNFALLIBLE


10 the Selma I1meS:
Among objections that have been urged
to the democratic platform adopted at
Chicago is that it criticizes the federal
supreme court and intimates that meas
ures may be resorted to whereby the de-
cision Of the court in the matter of in
come tax snail be reversed. The an
nouncement seems to shock the proprie-
ties as understood by some Of our very
dignified journals and lawyers.
In his speech at Chicago Mr.. Bryan
very happily anticipated these prudish
people L wish to add somewhat to what
he said on that subject, not on the ques-
ton of tax itself, but on that of the right
of any man or body of men to express an
opinion of the federal court or any other
court
We are told by some of those who OBJ
ject to the remarks of the democratic
platform that they are revolutionary;
that they are an attack on the highest
court in the world" etc. They seem to
forget that there is wide difference
between submission for the time being to
the decision of courts and the right to
dissent from their Interpretation of the
law. Obedience on the part of the citizen
Is all that can reasonably be exacted of
him: his appreciation or concurrence is
not demanded by the most despotic gov
eminent. And in government which
processes to allow freedom of speech and
1t must seem that even the most puissant
OF human Institutions cannot be exempt
from that crucible The doctrine of in
fallibilty has not as yet been carried into
secular affairs in this country.
1t has not been twenty years since the
lower house of congress, then democratic,
deliberately enacted that the supreme
court OF the United States could not be
trusted to decide the contest between
Samuel j. Tilden and Rutherford B.
n not in 60
in fact That house required that certain
other persons should be added to certain
members of that court in order to insure
an impartial and non-partisan decision
as to the presidential election of 1876 In
place of leaving that decision to 1.-The
highest court in the world" which seems
now so sacred to those who assail the
Chicago plank, a new and higher" court
was constituted called the electoral COM
mission. Was there any democrat who
complained at that day of that statute
as an assault on the federal judiciary?
No, not even republican said as much;
for the federal senate. in which that par
ty was dominant, not only passed bill,
but originated it. There were. however,
many democrats with Mr. Tilden at their
head, who opposed a submission of the
election even to such higher court.
L CHANGED to hear the ablest lawyers
in the union argue before that court Car
penter of Wisconsin. Dudley Field of New
DIX, TUCKER Oh virginia ana DINERS. IL
any tribunal could be supposed capable
of rendering an irreproaehable decision
it was that court.
The result was the famous eight to sew
en-. A great deal was said by democrats
at that time about that court, and espe-
cially about Judge Bradley, but there
was nothing very sacred" in what was
said.
Nor was that the first time that that
highest court in the world had had its
infallibility impugned. Twenty years be-
fore, when the Dred-Scott case was de-
cided, the republican party was made
very rancorous toward the court. Their
platform assailed 1t year after year, and
the name of Chief Justice fancy was
more odious to them than any other
There was no limit to the abuse they
heaped upon that venerable man, and
they found the court anything but sacred
and infallible.
Indeed, if the federal supreme bench is
not subject to public opinion 1t is very
inconsistent in the federal constitution
to provide that they shall only hold office
during good Behavior, and it must seem
an outrage that one of them was long
ago impeached by congress.
l have no desire or design to inculcate
a spirit of irreverence in citing such
facts. There is more than enough of that
in this age. Irreverence, however, APP
plies to treatment of persons, not to
treatment of the opinions of persons.
In our own state no court has been
more criticised than the supreme bench
at Montgomery. composed. as 1t is, al
most invariably of able and excellent
men. On one occasion nearly seventy
years ago articles of impeachment
against all its members save one were