The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-23
INSPIRATIONS Will BE REBUKEO.


Who owns this government any way,
the people who created it by their sacri-
fees of blood and treasure and who sup
port it by their sweat and taxes or the
servants they have put in office! When
the State proposed Ito change the man
agement of the penitentiary. to create
a new criminal district and to make
arrangement as to its railroad property.
a majority of the State Supreme Court.
the servants of the people. said it could
not be done because their fellow servants
in those institutions were supported by
tax money. and their right to enjoy that
ms thod Of living was superior to the
right of the people to govern their
own property and institutions.
When the State found that the
charges of the railroads. created by
the State and running their tracks over
other peoples land. were too hign and APP
pointed a commission to exercise the inn
memorial right of the public to regulate
the charges of common carriers. a Fede-
raj Judge. former railroad attorney,
issued his writ to stop it, because in his
opinion the creature was greater than
the creator. The people could charter
a railroad but could not control it.
When the property Of railroads was in
public opinion vastly moderated for
taxation, farmers and all others being
taxed to make good the deficit, the law
making power of the State created a
Commission to fix q just valuation. A
Federal judge, q mere office-holder and
public servant. set aside this action OF
the people because his opinion of the
value OF railroad property, he said.
differed from that of the Commission APP
pointed by law. Who made him sover-
eign over the sovereign to say how
much it should do and what it should
not do:
These interferences Of judges. mere
servants of the public, in the exercise
of governmental functions are unwaT-
ranted. They are contrary to the en-
tire spirit Of our institutions.
If nimebuked, this assumption of pow
er by the judges would draw. and has
already gone far to draw, the supreme
power ont of the hands of the people,
who express their will through their
representatives and place it in the hands
of few judges.
1t is inevitable, that if Republican
government is to survive in more than
the mere name, these usurpations
of government functions by the judi
ciary shall be stopped with a firm hand.
As to the State judges, it can be stop
ped either by the election Of new judges,
ut the expiration of the terms of in
cnmbents who lend themselves to the
usurpation of powers not belonging TO
them or by their Impeachment and re-
moval. As to the Federal judges, when
ever Congress and President in ac-
cord with popular government are
elected, the entire Federal bench Of Cir
cult and District judges can be abol-
ished-as was done with the entire
bench of {. S. Circuit judges in 1901
and new system created. These Cir.
cult and District judgeships are created
by Congressional action and can be abol-
ished by the same power III is true that
their terms are for life but that is con
tingent upon the continued existence Of
their offices, and their terms go when
their offices are abolished
The {. s. Supreme Court has sinned
far less against the peoples sovereignty
than the nnderling judges. and unlike
them their court is created ny the
stitution and heEce can not be abolished
by Congressional action. But the Su-
preme Court has no jurisdiction except
that given il by the acr Of Congress
of 1879 and amenaarory .cts. all Of
which can be repeated or amended al
will by Congress.
~. ticuSH IL SPtilfS tic JtIucldTy II
now the controlling power, and in fact
IL fast drawing to itself the supreme
power in the government, it can liz
readily seen it is treadng On dangerou,
ground. The real sovereignty is IL tn
people and they can without a revolu
ton assert that power through theil
legislatures and Congress in such III
effectual manner that not ii fragment
judicial supremacy shall be left. TIL,
people move slowly but when they move
their servants, Though dressed IN Judi
cial robes. VIII learn that they are bu1
servants and subject to dismissal ii iii,
will of the mastar.