The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-04-30

they have only won its possession because
1T cam be immensely profitable to them;
If profitable, they cannot afford to run
the risk, from time to time, of losing so
profitable a domination by popular agi-
tation. They will seek, if they have not
already done so, to strengthen themselves
by securing the majority of the Federal
Senate, and an influence in the Execu-
tive coulicils-and even more important
ti;an that. the majority of appointments
to the Federal bench, whose life tenure
and uncontrolled power of constituting
constitutions and statutes will be Of in
valuable aid. In Rome, where the au-
ours. by reading signs in the sky or in
speeding the entrails of fowls could ad-
journ assemblies of the people by decree
ing the day to be unlucky, the augurs
were invariably selected by those in pow
or. the personnel of the uugurs being in
dispensable for their purposes. Nor as
time goes by, will the matter stop even
with the selection of judicial augurs
Agitation, public agitation, affects values
that horrible bette noire Of capitalism
Profound constitutional changes, either
secured by express enactment or read
into the Constitution by servile judges
must lessen the opportunity for agitation
by rendering it pOwerleSs. and the gradual
increase and maintenance Of large
standing army must prevent all thought
of resistance. If the money power, as
has been charged. and as is believed by
many, is already largely in the control OF
the government, State and national,
then the steps just described will be nat
ural and necessary to protect and pre-
serve that profitable power in their hands,
leaving the empty forms of a republic to
stand in silent but impotent protest.
On the other hand, if the control of leg
islation is so highly profitable and impor-
tant to the money power, it will be an
irreparable calamity to the toiling masses
to lose it, The founders of the republic
fondly believed they had secured it
not only for themselves. but for their
posterity for all time. If the advocates
of popular government, win. they in turn,
still less than the money power, can rest
easy in the victory with the organic law
remaining as it is. Experience has shown
its weakness and its insufficiency. There
are many points requiring amendments.
1t would be tedious. perhaps beyond my
power, TO point out amy except the most
obvious. The election of United States
Senators by State Legislatures has been
so often perversiOn of the popular choice
and a concession to corporations that the
public sentiment to confer upon the people
of each State, instead of its Legislatur
the election of its Federal Senators is
confined to no party and to no section
The bill to amend the Constitution in that
respect has passed the lower House of
Congress more than once, and once at
least by a unanimous vote. The corpora
1Inr n f.,. -.
passage by the Senate itself The Fed
eral judiciary. by its mode of appoint
ment, especially lays itself open to the
grasp of great monopolies and combipa-
tons whose influence in such matters is
asserted to have become almost irresisti-
bic of recent years. The life tenure of
office, placing the occupants of the Fed
eral bench beyond reach of public com
plant, if their trust is abused. and the
finally of their power as interpreters
of the Constitution and statutes. combine
to make it essential to the great mOnopo-
hes to control the appointments in this
branch Of the government There are un-
questionably many able and spotless men
on the Federal bench to-day. but it has
been asserted. and it must be confessed.
not without some foundation in fact
fill such positions with men whose life
work has been that of counsel for great
corporations and whose entire training Is
calculated to bias them upon all ques-
tons upon which corporation interests
and popular rights must clash One of
the incidents of the coming struggle will
be determined effort to make the Fed
eral judges elective by the people of their
respective districts and circuits and for
term Of years. This change has already
been deemed necessary and decreed by
nearly every State as to its own judiciary
and there are still stronger and more ur-
gent reasons why the people should have
more weight and the corporations less in
naming the Federal judges.
Remember that it was the sage of Mon
ticello who pointed out the "saping and
mining" which would overthrow the Con
stitutiOn If the ultimate construction of
statutes and Constitution was left to so
an institution as a mody of
men who were selected for life and with
out the public having any voice in their
selection. Time has proven his wisdom
and aggravated the evil lie denounced.
There are two classes Of men only who
are likely to oppose the election of United
States Senators and United States judges
by the people: First, there are those who
accept the phrase of a government of and
by the people as a formula merely. They
at heart do not believe the people are ca
pable of self government. They would
never have trusted them with the cleo
ton of Governors, members of Congress.
or the President, and they sincerely fear
to trust to the voice of the people the Sc
lection of any other officer whatsoever.
The other class is that whose self inter
est, personal aspirations or orders from
those above them bind to oppose popular
in the selection of Fed
eral Senators and judges.
Then there is the great trans
portation question. From it's eco
nomic side, it is of vast Importance.
By secret rebates, they can build up and
destroy at will, cities and individual for
tunes. 1t is too great power to be en-
trusted to the hands Of few irresponsi
bic men, the control of whom is generally
found to be centered in that modern
Babylon by the Thames. OF vast import