The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-08-14

Supreme court of the United States
Mr.. Justice Harlan in Il dissenting opin
ion comments upon a decision of the Su
preme court of the United States In
ter-State Commerce Commission VS. Ala
bama Midland Railway Company, 16S
u. $. 14H rs going far TO make thai
commission useless body for all prac
teal purposes and to defeat many OF
the important objects designed to b,
ACCOMPLISHED by the various enactment'
of Congress relating to Interstate Com
merce' Says he: 1T has been shorr
| by judicial Interpretation. of authority
| to do anything of an effective charac
ter. 1t is denied many of the powers
which in my Judgment were intended f
be conferred In these words he
charges the highest tribunal of this coun
try with overriding the will of the PEG
pie as expressed by Congress and making
law in behalf of the railroads anC
against the public interests.
Il have noticed only Il few of the com
paratively recent Federal court decisions
involving the conflict of interest between
the public and the great corporations
These cases are but n few of the many
forms in which this conflict expresses it
self. No doubt this conflict is sometimes
aggravated by dcmag0gues. But it is
equally true that many thoughtful anG
far-seeing patriots have spoken to this
question in terms of Self-deserving wis
dom. and who. because they foresaW
danger in the trend of Federal court de
ciSions. have been unjuStly called dema-
gocues. When Jefferson, with the clear
L, hon n n III
declared the conflict between federalism
and republicanism. between an oligarchy
of wealth and n democracy Of all the
people between abSolutism and indlyid-
ualism. he was called n demagogue and
anarchist But he was seer as well
MS 4 leader. and to-day his political philo-
Sophy is accepted without question III
this great republics heart of hearts.
Standing. as this generation to-day, in
the shadow of n line of Federal decisions
which are certainly innovations, and
which many good and wise men believe
70 be usurpations of a dangerous power,
we are reminded of JefferSon's prophecy.
Said he:
"'lt has long been my opinion that
the germ Of dissolution of our Federal
government is in the constitution of the
Federal judiciary, an irresponsible body
working like gravity by day and by
night. gaining little to-day and a little
tomorrow. and advancing its noiseless
step like thief over the field of juris-
diction. until all shall be usurped.'
Nothing said by others compares in
comprehensive severity with this terrible
Indictment. And yet, if what Jefferson
said was true then, its truth is multiplied
tenfold now. Looking around MS and
about us: surveying the field of Federal
jurisdiction as it exists in practice to-
day; seeing States and municipalities
stripped of their powers; beholding the
new and terrible engine of oppression
and repression into which the ancient
writ of injunction has been converted;
observing how the tOiler and the laborer
have felt the mailed hand of the Federal
Judge so often and 50 hardly, while the
great trusts and monopolies of the coun-
try have oppressed the poor. cheated
Justice. and defied the law with hardly
so much as a rebuke from that same
Federal judge-how can we be silent?
1.-THE Anglo-Saxon lawyer is in his
inmost heart a patriot His blood has
been a crimson sacrifice for freedom on
many battlefield. His hand has held
aloft his cOuntry'S flag in many an hour
of deepest danger. His history in war
is illustrious and honorable, but his
greater glory lies in this: That he has
stood for law. right. and freedom as
against the more insidious perils of vel
vet despotisms usurping forbidden pow
ers in the name of law and under the
protection of the flag. Not all the ar
mics of the earth, not all the navies of
the sea, can take our country's citadels
or furl the stars and stripes. If this
land of the free and home Of the brave
shall ever be despot's realm it will be
because some invisible enemy shall,
with whispered voice and silent football.
steal within our midst and with soft,
smooth hand strangle liberty before we
hear the cry. When such n crisis comes
10 foresee such danger and to prevent
such ruin this sweet land of liberty will
confidently call, and not in vain, upon
the American lawyer"