The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-14
THE SUPREME COURT HAS FAILED.

1
| ward throwing odium upon the Legs
| latilre. In taking this course they wcre
| looking a long ways ahead. They ar
gucd that If the people were made 10
lose faith in the integrity or compe-
tcncy of the Legislature, they would
not have respect for its enactments,
and would then be in a frame Ci mind
10 listen to the Republican declara"
ton that the Constitutional Amend
mcnt was unconstitutional aud %ivc
ear to all their other misreprcsenta-
tons about the amendment.
The initial step in this. programme
was taken by the Republican Supreme
court when it started in to amul et-
cry action of the Legislature that did
not receive its sanction. The Day
decision was the first gun, and If 1t
had been received even mildly every
other ease involving an office would
have been decided the same way. The
Dav decision came three weeks after
it was due and it was believed that 1T
would stampede tho Democrats. 1t
was accompanied, however, by the dis
senting opinion of Justice Clark which
riddled it so completely that Justice
Furches deserted the arena OF judicial
decisions to make political reply to
Justice Clark. But that did NJ good.
The people were unanimous III CON
dempinp the decision which in pain
English was the claim of power to
practically veto an important act or
the Legislature and to prevent the
legislative department of government
controlling the States penal insiitu-
ton.
When the court came to consider
the other decisions, it felt obliged
to decide twosplain cases III favor ct
the Democrats. AS matter Of tact,
the Agricultural Department case
was begun and continued by Republic
can politicians for no other purpose
than to let the Supreme court decide
in favor Of the Democrats so they
could point to the decision and say,
'.See how fair the Supreme court is.
IT decides without reference to poll
ties 1T was a shrewd trek Of the
politicians, but fooled nobody who
saw through the trick from the be-
ginning.
The simple truth is that, starting
out to put odium on the Legislature
Iy annulling legislative acts. the Re
publican Supreme court has been fore
ed by the law and the facts to stop
before going to the full extent expect
ed of it by Republican politicians.
More than that: instead of making the
people lose confidence in the Legiala-
tnre, these decisions have made them
lose confidence in the Supreme court.
We write this regrctfntly, but il IS
the simple truth and it is never wrong
to print the truth.
When the Republican orators go out
to attack the Legislature and SAY
as they are already saying lit did
everything wrong-:;ce how Tie ST
preme court annulled it's acts"-the
people will reply that it is the SUI
preme court that has shown it's inabil-
itv to hold the scales Of justice even
~, and that it is the coordinate
branch of government that destroys
the will of the people of North Caro-
lima.
There is a question involved higher
than whether the Legislature or the
Supreme Court has Numbered. II IS
whether one of the coordinate
branches of government can override
the acts of another coordinate
branch. In the Day and other eases
the Supreme court virtually holds that
it can annul any Legislative act it
chooses to call unconstitutional The
consequences of such a decision are
far-reaching. 1t makes the Supreme
court all powerful and destroys the
Legislative function of government. If
the Day decision is right, then one
Legislature can by statute prevent flu
ture Legislatures controlling any de-
partment of government. The pui,lic
is interested in the questions raised.
not because this or that man gets or
loses an office, but because it is sought
to give to the courts powers that are
destructive of the right Of the people
to govern. 1t is their duty to protest
agains these new and dangerous usur-
pations of power. Jefferson warned
his countrymen in his day that if the
liberties of the people were ever taken
from them it would be through the
courts. We have lived in North Caro-
| lima to see the Supreme Court veto
| legislative acts and thereby fulfil JEFF
ferson's prediction to the letter. But
| the people after all compose the court
of last resort. They can override a
| partisan court and bring its usurpa-
ton to naught.
If all the citieS that are pavipsr hi.