The Utah County Democrat. [volume] (Provo City, Utah) 1898-1909, 1899-03-25

natlOnhI, S'htb anu municipal ~ "tll /
as the government Of the churches, ana |
the judgments of the courts, are a |
powerful engine for the advancement !
Of liberty, justice aud truth, or they |
may be great mpchine, whose effect
is oppression, injury and wrong
Therefore the injunction Of the great |
Apostle to Prove all things: hold fast |
hat which IS good" is rs necessary to-
day as ever
The theory OF the trainers Of the
Constitution was. evidently, to esiab- |
fish tribunal entirely Independent OF
all political Influence aud not even
nnswerahle to the people for It's deci-
>ions. And that its great and uncon-
lroldble power would be source Of
strength to the government
Has he result justified the expecta-
tion Of its creaiorsp Let us examine
the record aud see " that tribunal can
be trusted any mure than the people
themselves In crisis i will only re-
fer 10 The action of The court within
the period OF the memory OF great
manv OF us.
Ia December. 1876, was rendered the
bred Scott decsou. The court held,
two dissenting judges: That n negro,
he child uf shave parents, could not
become n citizen of the United States
nor Ola State Aud "rhat Congress
had no Constitutional power TO exclude
slavery from any of the acquired terri.
tory OF the natiun."
The people reversed That decision.
In December, 1869, the court-five
Judges against lhrce--decided the De
gal Tender Laws unconstitutional.
In December, 1870. the court--dve
Judges tu four-decided the same laws
constitutional. 1t is worthy OF note
that within the year justices Strong
and Bradley had been added to the
! court.
What Is the lawg
Are the Legal tender acts" cousIi-
. tutional or hotS
! Chief Jusllce Chase, with Justices
! Nelson, Cliffurd. 3rier and Field say,
> "No;" while Justices Strong, Bradley,
Swayne, Davis and Miller say, Yes"
!. The effect OF that last decision is far.
! reaching. aud made the demouetiza-
! tiou Of silver in 1873 possible.
! In 1877 i've justices Of the Supreme
: Court were selected TO sit on the "El,c
I, loral Commission
= II two Democratic justices Of the
peace had been chosen from Missouri
aud three Republican Justices OF the
peace from Iowa, TO sit IN place Of the
justices of the Supreme Court. the re-
suit would probably have been the
& same. and would have carried just as
u much weight.
d In May, 1894. the case OF Barden vs..
y n +. II. Il. Co. was decided by the
a court, that until patent issued the
title TO the mineral hnd, which was
d reserved by act OF Congress from the
% grant OF land, did not pass to the rail
road company, yet Justices Brewer
~ Gray and Shiras dlssenled and would
" have given that vast domain, th,
,. wealth OF which is almost beyond com
y putation, TO that corporation, although
M expressly reserved.
lf In May, 1885, the income tax Law
c. was decided Unconstitutional by Chile
~ Justice Fuller and justices Field, Gray
~ Brewer and Shras. dissenting justices
Harlan, Brown. Jackson aud White
90 Justice Shiras had been vacilldtinI
: and double-minded. but finally wen
" with the four for the unconstitutional,
' Ity of the law.
The result OF that decision was vel
disastrous to the govern ment, an,
i, caused the illegal issuance Of bond
IN which called for Ave per cent interes
:. al three per cent rate, under la'
which expressly authorized the sale q
~ bonds 10 provide coin fnr the resump
. ton of specie payments. January
i. 1879, and had certainly fulfilled II
function and was dead statute.
These references to decisions whc
are on the most important question
that have como before the court in fift
years, to my mind clearly show tina
the members OF that court can no mon
In be- trusted to decide u mooted publ
a question. free from prejudice aud oul
lc- side Influence, than any other INTEL
gent citizens.
Therefore, favor an amendment
the Constitution by which the power
ite the courts TO declare an act OF Congie 81
unconsutullonal and void shall be ei
zen tirely taken away.
An ac, Of Congress should be the s.
yea preme law OF the land,
NJ. NJ KELLOGG,