The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-09-15
A HOPEFUL SIGN.

We do not often find anything In the
st. Paul Globe to which we can give our
unqualified approval, but here is an ar
ticle we can adopt without exceptions:
When Jefferson returned from France
and saw how little security for the Elm
alienable rights" Of man, which he had
written into the declaration Of independ-
ence was provided in the constitution
which the Federalists had framed. he pro-
ceeded forthwith to see that they were
made secure in the organic act. The first
article Of the famous nine amendments
took from congress any power Of. among
other things. "abridging the freedom of
speech" and as II all the safeguards
provided in the eight preceding amend
ments might have left some right I'M
guarded. he made the ninth declare that
the enumeration in the constitution Of
certain rights shall not be construed to
deny or disparage others retained by the
people"
Had Jefferson imagined that the time
would ever come when federal courts
would make law, instead Of simply con-
STRUNG it and applying it, he would have
Wldened his prohibition to have included
the courts as well as congress- Possibly
then we would not have courts issuing in
functions that "abridge the freedom OF
speech used by men to induce other men
to join them in obtaining from their en-
ployers wages which congress virtually en-
acts are reasonable and just by the tax it
imposes on imports to compensate employ
ers for the difference inWages' here and
IN similar industries abroad Nor would
we have courts now assuming to abrdge
the right secured in the same amendment
OF the people to "peaceably assemble
whether it be in halls, in the fields or upon
the common highways.
HAD he foreseen the federal courts as
stunning jurisdiction in case where a cor
poration created by and under the laws
or state was resisting the execution of a
law Oh that state, as in the Indianapolis
street railway caSe-asSuming Jurisdiction
because stock holder of the corporation
was citizen of another State-we can i'm
agine that Jefferson would have tncor-
porated with his nine other amendments to
prevent SO palpable an evasion Of the con-
stltution. He would have provided that
corporations were persons within the
meaning Of section two Of article three, and
that stockholders in such corporations were
not citizens" Of different states from that
in which the corporation had It's situs.
With the growth Of corporations and the
ease with which their stock can be trans
ferred, there is no state law affecting them
that cannot thus be made subject to Judi
cial review and Interpretation by federal
courts. There is need of another jefferson
to devise amendments to meet the
evasions Of his bill of rights. Globe
1t is a hopeful omen when a paper
that has been supposed to be very much
under plutocratic influences dares to
speak out in this way
These federal judges are beyond the
reach OF popular approval or disapprov-
al. They owe their places to the presi-
dent of the United States; and hold
them for life. If the wealth Of the
country can decide the presidential cleo
tions; and the president can pay his po-
litical debts by appointing judges that
are the tools Of the money power, and
| those judges have the right to say what
is and what is not law, the people are
bound hand and foot, they are no longer
free but slaves
This is a bigger issue than the silver
question for what is the use of congress
| opening the minis to the white metal
if the courts can close them again?