The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-01-27
Ex-AssOc:ate Justice Allen of
Kansas Supr enc Court
Says That Federal Judge
Should Be Elective.
COURTS SUPERSEDE
The Legislative Power and
kUsurp 1t, He Says.
His Add ress Before the State
Bar Association.

AT the opening of the session of the
State Bar association this morning ex-
Associate Justice Stephen H. Allen de-
aivered the annual address as president
of the association. He spoke on THE
Federal Judiciary"
Judge Aliens address was q lengthy
attack on the system of federal courts
in general and the United States SUI
preme court in particular, and he quoted
a number of decisions in aid of his ar
Gument. In conclusion he advocated the
election of federal judges. He said:
The situation of federal judges is as
nearly like that Of the hereditary aris-
tocracy of Europe as it could well be
made in a republic. Having social posi-
ton, they naturally fall into the so
ciety of others similarly situated The
world they live in is superior, not only
in its provisions for bodily comfort, but
in its ministrationS to intellectual appe-
titles and cultured tastes as well. Cour-
tesieS from men of great wealth and
men who manage vast corporate inter-
ests, rendered in the most delicate man
uer, are never wanting. Nor are these
loaded with any hint of obligation in
CURED or purpose to influence the Off
cial action of the recipient. Nor, in
deed, need those who extend these cour-
tesies be charged with sinister mo-
tives- Nothing can be more natural than
that persons of wealth should feel a
friendly inclination toward men of high
character occupying such honorable
positions.
Where can a case be pointed to pre-
sent1ng close question of constitution
al construction of vital interest to the
general public which has been resolved
by the supreme court an favor of the
democracy and against the aristocracy,
kn favor of the multitude of the poor
and the weak and against the class of
the rich and strong. 1t is true that in
the ordinary administration of justice
between man and man the decisions
generally proceed on enlightened prin-
ctpleS and are just applications of the
law to the rights of the parties But
wherever a, question has been presented
of vast Importance to all the people,
vitality affecting their welfare and in op-
position to the claimed rights of the
favored few, the aristocratic leanings
of the court have tipped the balance on
cases which in his estimation in any
measurable degree counterbalance the
Dartmouth college case, the bred Scott
decision, the income tax case, the in
terState commerce commission cases, or
the Nebraska freight rate case? These
cover in principle the main field of con-
tention between those who seek for JUS
tice to the whole people and the favored
few who lie entrenched behind special
privileges and in the possession of I'M
earned gains. The inequalities and in
justices existing between the great null
titude and the favored classes arise
mainly from an unjust system of tax
alton and from corporate and other
special privileges. Against all attacks
on these the federal courts stand as an
ampregnable bulwark. The income tax
decision declares that no burdens may
be cast on wealth. The Interstate COM
merce commission cases and the Ne
braSka freight rate case in effect de-
clare that the railroad corporations are