The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-26
WHO ARE THE ANARCHISTS NOW

| During the campaign OF 1876 MT.
| Bryan and all other supporters OF the
Chicago platform were denounced as an
archists because that platform contained
a mild criticism of the anti-income tax
decision Of the Supreme court. The de-
| nunciation was led by the trusts and 9TH
| err illegal corporations, and taken up their
claquers. 1T deceived some ultra con-
sentative men, perhaps, but ut was
needed and frank rebuke of judicial
"lopping" manifested in the position Of
Justices Shiras But there was no sug-
gestion in that platform of not abiding
by the decision of court, or correcting
its mistake i'm any other than a constitu-
tional way.
This week the Supreme court rendered
decision which, if carried to it's legiti-
mate conclusion, not only destroys pool
ing arrangements by railroads but also
breaks up the trusts and combines that
have hitherto managed to keep out of the
clutches of the law. Accepting the de-
cision of the court, some of the railroads
have withdrawn from the pooling ar
engagements and signifed their intention
of keeping the law. They cannot be too
highly commended for this law-ab;ding
course. But there are those who defy
the courts, and declare that a way will
yet be found to continue the illegal pool
ing.
at is bound to come out all right in the
end" was the anarchistic utterance of
Mr.. Russell Sage. brains and capital
have ruled the world since the advent
Of man, and natural laws have not been
changed because of this one adverse de-
cision.'
To the same end, though with more
vigorous denunciation, speaks the New
York Evening Post which had fit last
summer whenever anybody criticized
Justice Shiras's see-sawing. We quote:
This judgment must be added to
the long line of deplorable decisions,
beginning with the legal-tender cases,
in which the court has revealed its
weak grasp of the fundamental prin-
ciples Of law and government by d.
viding almost evenly upon them. The
dissenting opinions Of Judges Field,
Gray, Shiras, and White, when they
are printed, will no doubt demon
strate with an incisiveness quite
equal to the energy of Judge Peck
ham, ION whose side were the Chief
Justice and Judges Brewer, Harlan,
and BROWN that the case ought to
have been decided the other way,
that the Antitrust law did not ap-
ply, or else that if it did, a case had
not been made out under it. When,
under our system, the questions
which underlie the whole social order
are such that the Constitution may
by the change of a single judicial
vote be made one day to uphold in
dividual and corporate liberty, and
the next to justify the socialistic ON
impotence of Congress, the judiciary,
to say the least, is not establishing
a strong hold on public confidence in
its competence"
We begin to see now that they only
are anarchists who criticize decision
that gives immunity to rich corpora
tons from taxation. Those who criti-
cize decision that compels rich corpor-
atoms to be amenable to the same laws
that govern ordinary people are pa
triots!
The truth is that we are hugging to
ourselves an old World can't about the
sanctity of the courts. AS a rule their
decisions are fair, just and honest, and
are received without questioning by the
people. But in this country no branch
Of our popular government is above fair
criticism 1t is as much the duty of the
press and the people to criticize improp-
er conduct in judges as in presidents and
lawmakers. 1t is protection to the
honest judges when the Shirases are held
up to public rebuke.
1t is always the highest duty to obey
the law of the land, whether legislative
made or judge-declared. But there never
has been any law, since Jefferson had the
Federalist laws repealed that command
ed men to swear that bad law was
good, or that Jeffreys or Shiras was
an angel because he wore wig or a
gown.