The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-01-27

| a law unto themselves and may levy
tribute on all the internal commerce of
the country at their own unbridled will
and pleasure. The DebS and other SIM
liar cases hold oppressed laborers who
combine to right their own grievances
may be punished by a judge for the
violation of a rule promulgated by HIM
self at his own will and pleasure with
out trial by jury. The recent cases
holding certain associations and COM
binations unlawful under the Sherman
antitrust law may be pointed to as hav-
ing an opposite tendency. No vital
principle, however, of constitutional
construction is declared. Nor is it by
any means certain that unjust discrim-
inations will not increase rather than
diminish by reason of this decision.
t'Of all the works of men the govern
ments they construct are the most pure
~ artificial. Nature furnishes no model.
The theory most followed elsewhere has
been that either an individual or Sc
lect number of persons can better make
and execute laws for the multitude than
they themselves. The theory of our
government is that the ultimate test of
the wisdom of every law and govern
mental theory is to be found in the ap-
prevail or disapproval of those for whom
it is provided. The answer from this
test can never come through a. class or
a number of select persons. 1t must
come from the consensus of all. Where
there is not a general agreement, as a
matter of convenience and for the time
being, the judgment of the majority
however, on close inquiry that on sub
stantially every question of really great
Importance which at one time or an
other has agitated the American public
they within the period of a. generation
have been able to reach a, substantial
agreement. The theory Of our govern
ment is that the people are the ulti-
mate and absolute SOVereiGnS. Is 1T
not paradoxical to say that they are the
SoVereignS and may govern themselves
as they will, yet that court or any
other instrument they may appoint may
finally and effectually defeat their will?
Has not the supreme court of the
United States as now constituted this
power, and has it not exercised it? 1t
determines every question arising I'M
der the constitution and laws of the
United States 1t is the sole judge of
its own powers. Though it derives its
powers mediately from the people, it is
not accountable to them for any error
of judgment. Theoretically it can not
err, for it alone is authorized to deter
mine what is truth and error. 1mpeach-
ment and removal from office could
never safely be resorted to except in
case of official corruption or gross mis-
conduct. 1t would be manifestly unwise
to attempt a review of the soundness
of decision of a court on a trial of i'm
parchment against a judge.
I'm view of the vast country over
which the jurisdiction of the supreme
court of the United States extends. and
of the peculiar influences to which the
judges of that court are subjected,
term of six years would seem to be
quite as long as desirable. To avoid sec
tional Influences it might be well that
they should be elected by districts, three
at each election of members of the
house of representatives. United States
district judges might be elected by the
people of their districts and circuit
judges by the people of the circuit for
four or six years as might be deemed
best. This would afford the people an
opportunity to exercise their ultimate
and absolute sovereignty by removing
from office judges whose course does not
please them, without assigning any rea-
son for so doing and merely because it
is their will and pleasure. The only OBJ
jections that can be urged against this
system are the objections urged against
popular government. There is nothing
in the history of the republic indicating
that the people are less capable to Sc
lect their judges than they are to select
executive and legislative officers.
1.-The n1utterings of discomfort that
sometimes grow and deepen are prompt
ed solely by the fear that the judicial
ermine may be polluted. Let the people
again take to themselves the full and
absolute sovereignty which is their
right, and the federal courts will cease
to be looked upon with eyes of jealousy
and as a thing foreign and unSuited to a
republic