The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-08-16
'Th6 FEDERAL Judiciary.
Jefferson Denounced the Federal Judiciary as "A Thief OF
JurisdiCtiOn.O

YOU please. imperialism owe more to
these than amy other two mon. and.
hence they tand ont boldly anil promi
n"ntly in the perspective OF oar history.
They We're FederaIi>t is the core. They
sincerely believed in the government of
the many 10y the few. They c"n>cicuti
ou>ly doubted tile ability of the people
rs Il mass to govern themselves. They
believed in u strong central government
WELDING vigorous powers. They were
not willing to trust the States or tile
plain people - the land. They believed
not only IN the Sacrcdnc>S % property.
but in the natural right IF wealth Is
control the dcStinic> of the nation.
Between these on tho one hand ana
| jefferson and his school Oh the other
there was III irrccoucilahlc conflict. II
has been commonly supposed that .Icfer-
! son and his school won. and that nh
~olutism IN this republic WAS forever
: made impossible 10y the growth If that
democracy Whose ~cNpoundcr and author
was Jefferson.
"JctfcrSon'S criticisms Of the Federal
judiciary received little attention until
the amazing decisions Of the Federal
courts III the last few years recalled
these criticisms. 1t is true. as stated ~
Judge Taft. that the people acquic~ccd
III MarhalI's Judgment which evoked
jeffcrson'S Remuneration. The Amcri
can people are prone to acquic>cc iii the
decisions Of their courts. and viii do 50
as long aS these courts Will obey the
law which limits their jurisdiction. and
as long rs these courts will obey the
rights of the weak. rs Well as the strong.
But there are unmiStakabic signs Of pro.
found public dissatisfaction IT the more
recent attitude of the Federal judiciary
toward some of the most burning qucS-
tionS Of the hour. \ number Of GOV,
crnorS of States have sent messages 10
their legislatures declaring that the Fed
cral courts have seized the republic and
ut least one legislature has mcmorialized
Congress, '~rcciting the grievances Of the
people Of its State against the Fedcrdl
judiciary and asking & curtailmcnt Of
the powers unIawfully assumed by
them Judgc Taff'S address. % Am.
Law Rev. G41.D 1t is not ~cxa-geration to
say that the vast majority of the people.
and probably of the bar. believe that the
Federal courts nave usurpcd powers not
lawfully theirs. and have, by their lie
ciSions. invaded the constitutional rights
of free men III behalf of railroads and
other forms of corporate monopoly. This
majority is growing. It is they VIII,
are recalling and repeating Jefferson
prophecy.
almost all of the Federal decisions
which have grievcd and alarmed the pub
lie have been in cases where corDorn
tons organized in one Stat" and doln-
business in another have rcSortcd To til.
Federal courts Of the latter on tht
ground that they We're citizens of Il dif
ferent State. 1T will be remembered tina
the Supreme court of the United State
first declared that Il corporation WAS no
Il citizen within the Meaning Il tn
Federal Constitution. and that til" Fed
eral courts had no jurisdiction II case
to which corporations chartered by othn
States were parties unless Ill their stock
holders We're also non residents. Blu
this decision was overrulod by the sam,
court that rendered it. In other words
the Supreme court Of the United State!
is its own critic when. at tie Instance o
corporate wealth it overthrowS it
solemn Judgment and yields all whicl
these suitors claim. Witness, by way
Of parenthcsiS. the double shuttle i'll th'
income tax. where this court. ! vii
not say SummcrSaulted. hut ShlrAScd, II
Il few weeks, o~vcrthrowing judicial pre-
cedcnt Of man years and denying the
power of the Federal government {
make the wealth of the county hcal
some Of lis due proportion Of tie public
burdens.
BY ovcrruling their own decisions
therefore,. the Federal courts have he
come the foreign corporations city 81
refuge Hence the Southern railway in
vades the commonwealth Of Georgia
buys up competing lines md amaIgl
mates them into what is III some part
Of the State one monopoly of trHnpo"ta
ton. defcS the Constitution of Gcor@i;
in its prohibition against railroad mono
poly and snaps its fingers III the faces q
the people and PUSHES to the Fedora
courts. which throw their powerful Hrln:
around it and prevent Gcorgia's coHrt,
from interpreting and enforcing Gcor
gia's Constitution.
THE Chicago Times-Herald Of SIP
tcmber 10. 1897. published Il four-paGt
symposium on the subject Of injunction
in labor disputes. This symposium con
sisted Of the opinions Of fifteen Judge!
on the bench and fourteen opinions o
other jurists and prominent laymcn
The Springfield Republican. published Il
Il point far removed from the local col
) oring ~inscparable to such controversies
analyzing these answers. declares tina
only six unqualifiedly indorsed the recen
extension of the injunction power to la
Dor troubles: seven were, III the main
f non-committaI; while fifteen were out
t spoken in their hostile criticism. Fiftecl
| judges returned replies. and we find tha
Of these only two We're unqualiledly 70
what is popularity known as government
by injunction. six We're non-committal
T while seven We're more or less cmphat'
in denouncin@ or criticiSin@ the rccen
/ extension Of the injunction power.
sI,.1-I I"1IJ1n- f +l1 (F-.,,i4 cnp1r
/ Of Illinois. declares that in their effort
| to regulate or restrain strikes by injunc
l tion they are sowing dragon teeth an'
) blazing the path of revolution. In
I chief Justice Of the Illinois Court Of Ap
> peals predicts that unless this uSurpatiol
5 Of power by the courts IS promptly check
l ed we shall within a few years see cleo
tions-and.a presidential one, perhaps
/, carried by Il courts right Of injunctiol
= backed by armed deputies or Fedora
soldiers Is the prediction of the chic