The advocate., 1897-09-15
Reconstruction of the Federal Courts.

Reconstruction of the Federal Courts.
Editor AdvOcate:-Th meeting Of the
labor leaders at st. Louis, Mo-, declared
by resolution that appeals to Congress
and the courts are fruitless." Mr.. Eu
gene V. Debs Is quoted as saying tha
"ciYil liberty Is dead in America" which
sentiment received the unanimous ap,
proval of his auditors. It is generally
conceded that the Federal courts have
since 1892, extended their jurisdiction by
the writ Of injunction" far beyond the
intention and purpose Of the same al
recognized by the usage Of the courts
for more than 1000 years; nevertheless
the law granting to courts this power
has not been enlarged by any Legislative
enactment, but is simply the extraOrdi-
nary exercise Of an indefinite power they
have possessed.
Does not the remedy Of this evil rest
with the people, and cannot they correct
it with the proper exercise Of the ballot?
The constitution provides, article 8
section 1: "The judicial power Of the
United States shall be vested in one Su-
preme court, and such inferior courts as
the Congress may from time to time or
dain and establish" Section provides
what jurisdiction the Federal courts
shall have, and among others, Between
a State and citizens of another State. u
This is the constitutional grant Of power
under which the courts assume to act in
the "Debs" and all similar cases, as one
Of the parties to suit of this character
Is generally a nonresident Of the State
where the suit is instituted. And again,
the Federal courts have been organized
essentially the same since the creation
of this government; and for more than
one hundred years no citizen has had
just cause to complain Of their decisions.
Instead Of seeking to abolish the Fed
eral courts, is not the remedy to be found
through a reorganization of the same,
by electing a President and Congress
that will appoint men who will SO eXer-
else the judicial power as not to conflict
with the rights Of the people. To this
the objection is urged that the President,
with the Senate, has the appointment Of
the Judges and that their term of service
is during life. Article of the cOnsti'
tuition provides, section 2: "He Presi-
dent shall nominate, by and with the
advice and consent of the Senate, shall
appoint Judges of the Su-
preme court and ali other officers of the
United States, where appointment is not
otherwise provided for"
SuppOsing that majority Of the cleo
tors would have voted for w. j. Bryan
for President, and for the Congressman
who stood upon the same platform last
fall; it is safe to say that no man would
have been appointed to a Federal Judge
ship that would so interpret the power
vested in him as Judge Jackson has done
in the recent cases in West Virginia.
But, says one, the Judges have been
appointed by former Presidents, and
even if the people would have elected
President and Congress favorable to
placing men on the bench that would
only exercise their power as contem-
plated by the founders Of the govern
ment, we would have to wait until the
present occupants should either resign
or die. If we had a President and Con-
gress elected upon that issue they could,
by act Of Congress, abolish all OF the
Federal courts except the Supreme court,
as article 3, section 1 OF the constitution
provides: "The judicial power of the
United States shall be vested in one Su-
preme court, and in such inferior courts
as Congress may from time to time or
dain and establish"
The coal miners undoubtedly have
righteous grievance against the mine op-
orators, but majority Of the electors