The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-03-03
An OLIG1RCHI OF LAWYERS.
A BOSTON PAPER ATTCKS THE SU-
PREME COURT.

PREME COURT.
We think we were the first, of this
generation, to asSail the attempts of
the Supreme Court. in its efforts to
destroy the laW-making power of the
people, through Congress, by concen-
trailing the entire control of seventy
millions of people in the hands of
few lawyers, selected for judges, by
the great corporations Of the country.
"A thrill Of horror ran through the
country when our radical ideas were
first presented. 1t was as if we had
attacked Divinity. And now we find
the following article in the Mime
apolis Times:
"A Boston paper which has long
been regarded as one OF the breast
works OF New England conservatism
against the wild waves Of fanatical rad
lCiliSm -lnhOspitaOle innovations and
standing steadily and firmly for old
truths and accepted precedents-is
quoted as astonishing Itself and dis
lnaying its friends by this strange as
sault upon the United States supreme
court:
The truth probably is that the I'M
precedented and unparalleled power as
signed to our supreme cOurt-only the
South American republics have such
veto on the people-is beyond the
range OF huma capacity to adminis-
| ter with safety to all interests, No
! hAlt dozen men are .ft to be Entrusted ruh
such awt}l potrer Orer the fortunes upd dcs-
TIMES OF q nation. If they have inflicted
incalcua bic damage on the country by
| their vast legal tender decision dur
ing the past twenty years and on the
| income tax matter were only held up
In the downward path by q majority
| OF one vote, then others will begin to
speak OF the abolition Of the court as
a possible contingency besides editors
of newspapers"
How would it be possible, under our
form OF government, to get along
without a court Of last resort to de-
termlne constitutional questions? We
have forty-tibe, and shall soon have
nifty states, each of which is SOW
erelgn in all powers not delegated by
the constitution to the central power
We have a nation which includes all
these states, and is sovereign in all
the powers delegated to it by the fed.
eral charter-the constitution. No
such system exists, or has ever exist
ed, in the old world. Neither the
French nor the Swiss republic pre-
SentS anything like parallel to ours
Inc men who built our system work
ed on original lines, and the plan they
created absolutely necessitated a tri-
buna for the determination of cons IT,
tutiona! questions.
10 condemn the supreme court and
to call for its abolition is to condemn
the entire federal system, legislative,
executive and judicial, for each Of
these department is an indispensable
part Of the whole structure. Abolish
either and the result would be chaos
Perfection is not an attribute Of
any human organization. Our gov
ernment in each and all Of its depart
ments is liable to err. But each de-
partment is check upon the others,
and the people are the power behind
ali Of them. The president and sem
ate make judges, but the people and
the states make presidents and sena-
tors. Congress can add to the num-
Der Of judges in any and all of the fed
eral courts, and when the people call
for such additions they get them IT.,
therefore, a decision of the supreme
court is unsatis factory, the constitu-
tion provides a remedy. or all the
great achiementS of mankind in an
cient or modern times, our federal
nstitution, and the great nation
that has grown up under it; are the
greatest. And this opinion has the
support of about all the Intelligence
of the country, and of the Wi5est OBJ
servers of Europe.
| The Boston paper is right and the
| Minneapolis paper is wrong.
We repeat what we have often said:
that ultimate, absolute power must
| rest somewhere; wherever it rests it is
liable to err. The original theory Of
our government was that such ulti-
mate, absolute power must rest in the
hands of the people. If the people are
tit for self-goyernment they will
speedily correct their own mistakes.
If they are not fit for self-government
then we must seek ruler, king, an
emperor. The theory Of the fathe RS
was that the absolute, ultimate power
Of the people should express itself
through the Congress Of the United
States. If the representatives did not
fully and fairly express the wishes Of
the people, the people would soon cor
rect their wrong-doing by turning
them down, and electing successors
who would do right, But instead Of
this noble system, based on the intel
ligence of the population, we have
seen grow up an encroaching power of
the courts which takes the statute
books. at the end Of the session, and
tears out any or all Of the laws that do
not meet with their approval, and
throws them in the waste. paper
basket. This is a veto-power higher
than the power Of Congress higher
than the power of the people. The
right to nullify laws is higher than
the power to make laws.
And the shameful part of this bust
ness is that you can search the consti-
buttons Of both the states and the ma
ton. and you eriU no,chere find the slight
est authority for this reto of the courts-not
little. not an iota! 1t is pure usur-
patton.
Would we be free people if Queen
Victoria exercised any such right to
eliminate the statutes passed by the
law-making power of the United
States? Certainly not. We would
have another war of independence be-
fore we would submit to it. And yet
Queen Victoria is a respectable, virtu-
Gus old lady; and million times bet
ter fitted to rule mankind than the
cruel and ruthless corporations which
have had the selection Of these United
States Supreme Court Judges.