The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-10-21
BY KATE B. SHERWOOD.

The Sunreme Court of the United States
seems TO he invested now with dignity that
was denied it at former Period. For In
stance. Congress few years ago enacted
law provlding for general income tax. The
Supreme Court passed upon this law and de-
clared il unconstitutional and this regardless
of the fact that similar law was enforced
throughout the civil war and for some time
after. This decision stands but It has pre-
cipitated great question as to whether the
legislative power is higher than the Judicial,
OF the reverse.
In face of decision of the Supreme Court
of the United States, Congress abolished
slavery in the District of Columbia, and
when the matter was under discussl n the
father of the measure. Hon. James nj. Ashley,
of Ohio. said that he wanted it distinctly
understood that while the Supreme Court
might promulgate judicial opinions upon the
constitutionallty OF laws enacted by Congress,
such opinions did not control legislation, or
Law check upon the same, and that the
people, through their representatives In Con-
gress, might set aside and override any de-
cision promulgated by the Supreme Court.
When one recalls the new contest that has
arisen. as herein outlined, between the jul
dicial and legislative branches of the Govern
grave and venerable statesmen. as they file
into their seats, invested with long, priestly
black silk gowns, and seat themselves In the
order of their seniority. One wonders that
in describing the wigs still worn by the
ENGLISH judiciary, even in the Dominion of
Canada. they have not sent the gowns after
them.
The United States Justices enter the court
In procession precisely at noon, headed by
Chief Justice Melvin W. Fuller, appointed
by President Cleveland in 1eSS. His associ-
ates in order of service are Stephen j. Field,
Amounted in 1863: John NJ Harlan, 1877;
Horace Gray, 1881; David ]. Brewer, 1889;
Henry V. Brown. 1891; George Shiras, 1892;
Edward ID. White, 1894, and X. W. Peckham,
1895. All hold life positions.
In providing for life appointment of the
Chief Justice and his associates it was upon
the PRESUMPTION that they would thus be
: lifted above the pale of partisan politics, and
would, therefore, he unbiased in their de-
cisions by party influence or desire to keep
in touch with dominating powers and
politics.
Thus. as in the case of the silk gowns, our
elective democracy. founded upon the bene-
fetal effects of rotation in Office, has been
overlapped with remnants OF feudal entail.
The history Of the Supreme Court has proved
that United States judicials do not lay aside
their politics " hen they take their places on
the Supreme Bench.
There is a growing sentiment against life
tenure in public Office, and life Judgeship
nav eventually 60 with the black silk gowns.
The retirement of Justice Stephen j. Field
and the probable appointment as his success
sor of Joseph McKenna, now Attorney-Gen-
eral, was the main topic of discussion last
week in judicial circles. Justice Field, when
he retires, will have a record of "a years and
seven months on the bench, and always had
an ambition TO serve longer than ChiefJust-
ice Marshall, who had also more thar "a
years service TO his credit.
1t is stated that when President Mckinley
came into Office Justice Field gave him to