The Caucasian. (Clinton, N.C.) 188?-1913, 1898-06-09

possd 10 b the ersai,oa Of the Con
ventioa OF 1857. After q hu.dr~d
ysArs Of sx'stsses and expansion.
the nsior part Of IL 10 the ersasios o.
progrsssivs Judicial eonstrsessos. ro
prove this requires more spsce thar
the scope Of this article peru,p, bu,
il viu hardly b denied by capable
constitutional lawyers.
First. there vers forty year, az
liberal and progressive inisrpr~sa.
ton. thea thirty years OF str,c, eou.
strueeion, either expansive or re-
stnctsd according TO the demand. OF
concentrated wealth: The jad,ca,
policy OF this day is 20 strike down
the States and yet 10 narrov the del
egatsd powers Of the national legis.
lsturs vhsrsvss necessary to barr,-
cads against the advancing hosts OF
populism.
II 10 perhaps veil that there should
be . tribunal like the Supreme Court,
With power 70 interpret the Cons,i.
tuition and 10 stay the hand Of Con
gresa In this there is nothing dan
gerous in the long run. Thee jadi.
cial arbitrators under our federal
system. although nom:nally and ap.
parently independent Of the people,
are really subject to their control.
Every federal court is the creation OF
the legislative will. The power that
made IL can uumAke it. The Su-
prsme Court itself can be controlled
BY the authority residing in Con.
gress to reduce or enlarge its mem.
bership.
Right here the supreme struggle
must come. To swing back the
couDtry to the control Of the people,
to reverse false doctrines and perui-
cious constitutional constructions,
to prevent the failure Of this last and
best attempt at free government, il
- Important to get . House, Senate,
ol0 President that will reorgap,ze
the existing Judicial system, abolish
the judges VINO stand for plutocratic
privilege. and establish courts con-
msnded BY judges Who stand for the
rights OF man.
BY this means the popular will
may be exerted and enforced. The
trainers Of the Constitution hardly
thought that they were conferring
upon the Supreme Court the power
to veto the acts OF the House. SEN
ate and President-a veto which ID
exercised whenever the court choos-
90 to think the act unconstitutional.
And their thinking il SO il generally
because they want il to be 20.
Nor is there in this anything novel
or startling. II il Just what Vas done
by jefferson and the Congress Who
came in after the defeat Of the Fed
eralists In 1900. When William OF
Orange was contsnding with . re-
luctant or hostile House Of Lords he
grufly informed them that they
could pass his measures or he would
reorganize them, he would pack their
House by converting his Dutch guards
into peers OF the realm. Reoreanix-
ing courts for the purpose Of enforc-
ing obedience to parliamentary will
is not unknown in the history Of that
constitutional monarchy which is 20
much adored in the high society OF
American money lords.
In part proof Of the assertion that
We are approaching . period Of in.
tolerable judicial supremacy, let GER
tain recent cases be cited.
The national external and internal
taxes are insufficient to meet tho ex.
pensss Of the government. To NEE,
this deficiency the country wants q
tax on the income Of the rich. This
il enacted into Law. From the M.
tons court comes . veto-a veto %
prompt that in the days Of the fs.
thers, when sentiment WAS not SO de-
bauched by the struggle for wealth,
it would have been regarded - pre-
mature. SO prompt Was the court to
get in its work that il would not wait
for . bona-fids case to be brought To
its bar. 1t rushed in TO give its dc
cision in case that was not . genu
inc controversy between parties with
opposing interests, but Vas virtually
fictitious, was manifesuy concocted
to extract from the court an opinion
against the income law. and VA
clearly collusive between the parties
The supreme issue Was on. The mil.
lionaires demanded exemption from
federal taxation. They were mol
afraid Of the States. II one State
seriously taxed their incomes they
would move TO another. No STATE
could afford to offend them for feal
of driving them ont. They eoult
congrsgate on one State BY sequir
ing in it actual or nominal residence
As to that matter they could buy {
State or 20 and use them - poke
boroughs for their own convenienee
The only way to tax their incomes 4
by Congress. Take from Congress
that power and they are safely land
ed above and beyond the Law. Say
the Constitution: "Direct taxes shal
be apportioned among the States &C
cording to numbers." This makes
direct tax impracticable. To get ris
Of the income tax then the court
must hold that income taxes are di
rect taxes. The framsrs Of The Con
stltution thought that the Only Airee
taxes were taxes on land and pells
So thought the lawyers and j1Ags
and statesmen Of The repablie 1se
hundred years. Bat these judieia
aEbitrators Of last resort, BY . vets Q
Eve 70 four. upturn the settled intsl
probation Of the Constitutes and d
cree that the overgrown rich aha
not b taxed. Their victory 10 -
parentiy complete. Nothing can d
feat then but . constitutional amend
msnt or . Reorganization Of the 81
| preme Court.
In North Carolina the TeorGanjg'
ton syndicate Of the Richmond an
Danville Railroad Company, no
converted into the Southern RailVa
Company, obtained fror, ceGtai
agents Of the State its great esltr'
railroad two hundred and tvsnt,
three miles leag, and foEniag a 4
disponsAble connecting link botvoa