The sun., 1900-09-03
p1cK TIE SUPREME COURT.
.,,yo THREAT or THE BhrAH-
LBiD' Urn DEHOCRACY.
riot Plank Of 1890 Also Specifically
ne IT, n, the PARTY to Be a vital Now
men And victory Won b' That
% ,,.ta Make tho Menace Imminent.

I"' made on the supreme Court Of the
"a s,,,as is one ~ the subjects which the
"..,t.,o.,mpaigners NJ the National Head
Fp. Madison avenue. intend to keep IN
qua ID, ,g voters ~ the campaign progresses.
VI" tr,umout was put out giving the
~, III, attack on tho highest tribunal
h'y' ,,,t,y al. II was made In tn" Chicago
Wv o.d repeated In the Democratic
pav. o5,rfed I'm July at Kansas city. II
rh,hr, ,rat the President elected on NOV.
rri ,,ca tre appointment or At least one
~ tho supreme Court and perhaps he
,.., three or four to appoint. Every
VI" ,,, s,,ca the war except johnson has
I1,o,sd one or more Justices. and Harrison
~' ,,., four II IL possible also Tor Con-
., increase the membership OF the court.
,p,v,n we're elected TO the Presidency ana
tr,,.s - Representatives should be In
,,.tbv v.n nun and his followers should
IN majority In the Senate, tho grave
80, ~ which has been pointed out, there
.'A he nothing 20 prevent the packing OF
~. snpreme Bench with men who would use
Wv ..,, mower 10 Put into effect the radical
-. n the chicago and Kansas City Popo-
.. The danger of this Is recognized by
,-.,s and iurists throughout the country
.nd many of them have appealed TO the ne
tv.., National Committee 10 make IL plain
>, ,hs voters In order that they may realize
~, the threat Of deprecated currency ana
,npcy Of scutte are not the only menaces
=. ,ho Rryan programme The plank In the
rs,c.so rlatf1rm attacking the judiciary was
a. follows ,-, -.
va denounce arbitrary interference by
v.tora authorities in local affairs as vlo-
,.uon o., the Constitution Of the United states
"ad a crime against free institutions, and we
-.,ocisily object 10 government by Injunction
now and hlghly dangerous form OF op-
...i,r hy which Federal judges, In con-
iaTri y the laws Of the states and rights oi
,iJasn. become at once legislators, JUDGES
mi sxecu'l,n'rs and We approve me Dlli
shi.od shi ", i1, last session of the United states
ssn1ta and n,w pending IN the House, relatlNe
~ c1ntcmyt In Federal courts. ana proVlulhs
l.. '..Ttsre v5lI be no deficit in the revenue
tr,fIr The auwument 10y the supreme court
~ a law passed by a Democratic congress
N s,r'rt uur,uanCs Of the uniform decisions
u ,Ga, court Tor nearly one hundred Years
ia, court having sustained tonsutuuoha
Injections tn its enactment which had been
vyarrg,od bv the wI-"st Judges who ever SAT
mon hat nonchl We declare that Is the
i'ty of Congress 10 Use all the Consututohal
poxer which remains after that deelsion'
vnpsu rs THE COURT As 1T MAY
uLfEtFrER RI CONSTITUTED so that the
burdens of taxation may be equally ana I'M
psrt,aly laid to the end that wealth may bear
H. due proportion oi the expenses VI 'he WV
"vWben the Popuist National Convention was
held In iNls. and nominated Bryan IL ADOPTED
tins resolution
The arbitrary course of the courts In as
cunning In irllrisOn citizens for indirect con-
tempt and ruling by INJUNCTION should De pre-
vented hy proper legislation.
The Democrats in their platfrom OF 1900 de-
We rea'irm and indorse the principles
Of the National Democratic platform adopted
The Declaration Of 1906. the document re-
cites, brought about through the syInpathy OF
the Bryanite9 and their duIes with q band OF
lawless persons who, In 1891, avalled themselves
Of the opportunity offered hy great strike
10 organic a riotous mob which terrorized the
law-ablding citizens Of Chicago and the travel
iers on railway lines running into that city.
Men who desired 10 work were prevented
from doing by violence. The moving OF
railway trains from Chicago became impossi-
BIZ Two roads which We're in the hands OF
receivers appointed by United States courts
IN suits regularly and properly. brought were
Bmong those affected. and all of them by act
OF Congress vera post roads Several Of them
by str, Ial a,f- o! Congress were required 10
carry troops and war material for the Govern
between the States The United States mails
were stopped by the mob and vast quantity
Of merchandise bound from one state 20 another
was prevented from reaching its destination
The receivers were unable TO carry out the de-
orecs OF the courts appointing them,
The laws Of the United States were opposed
and their execution obstructsd by a com mbina-
uon too powerful to be suppressed by ordi-
nary judicial proceedings or by the powers
vested in the United States Marshal.
Under these circumstances the United States
commenced an action in the Circuit Court
for tne Northern district Of Illinois 90 enjon
Interference with the action OF the receivers
with the course Of commerce between tho
stAtes or with the United States mails. An
Injunction was issued. and certain persons
having violated H. they were found guilty
Of contempt OF court and sentenced. Claim
ilg that the action II the court was improper
they sued out writ OF habeas corpus in the
tnlted States supreme Court. which, after
argument and due deiberation unanimously
de'de1 tha' the Injunction was lawfully and
properly issue and that the sentence for con-
Empt was a"'ul and proper tl5S lnlted States
Report, 56ll. saving among other things:
That the hin FLED in this case alleged special
facts calling for the exercise Of all the powers
o. NE court Is not open to question. The
picture drawn In lt Of the vast interests involved
not merely of the city of Chicago and the State
OF Illinois, bur ot all the States. and the general
cQMnsipn MO which the Interstate commerce
o. the country was thrown. the torcible inter-
Terence with that commerce. the attempted
exercise by individuals Of powers belonging
Only In government, and the threatened con-
uhlance OF such invasion of public right
presented q condition Of affairs which called
loI the fullest EXERCISE of all the powers of tho
co.rt' II ever there was a special eNigency
one which demanded that the court should do
tl hdl courts can 90, II was disclosed by this
tl- and We need not turn to the public history
ol he tay, which only reaffirms with clearest
empha l. all lJ, allegations
Al the same time President Cleveland pur-
slAt N act Of Congress, issued his proclamation
odullH upon 'hn mob tO dispcrSe and sent troops
20 Cmcdsu 20 enforce the laws OF the United
e'a'eN and N" deCrecs Of its courts and to in
tIe Tie carrying ol the mails and the freedom
commerce between the States.
. lhr-e. w" document goes on TO state. were
ue acts which caused the Organized DemoC-
tay TWO years later To make its assault on the
Ttpreme Court and the inferior Federal courts.
me acts oi IA" courts and of tho President
sefe 10 Interference In the local affairs OF any
eEe'W the proper enforcement by the Federal
slngfiueN oi the Federal laws and obligations
wnch Otherwise would have been set at naught.
~ NE no eNprDl~" Of new or extraordinary
jurisdiction ty the Federal courts, but the
EuPt 'h'rclS" Oi a common power inherent
y ourts Of equity long before the adoption OF
Wv constitution Among the powers ex-
rsey granted 10 Congress by the Constitu-
|'n lMtH" l., section - are the regulations
wnm"ro" With foreign nations and among
gs, 9M"'s and post roads No one has ever
Sesuoh"d the prorriety Of the Federal au-
s@urV m postal matters The power over
SNuIln'tc" between the States was evidently
i,ll'u ana Is necessary To prevent any State
s, i,,s h'rrl lrrihS with or discriminating against
n sn VI Iler'onrs" originating In OF directed
Immediately after the adoption Of the
bsEuill"n bs CONGRESS proceeded to carry
hs hsWs,Elnhs INTO "t'"ct and IN 1883 organized
Ana 1RHWe'ue Court and established Circuit
ssno HNUl'l courts with substantially the
nue ~, power as now By this act the poyer 10
l4Hfh Cfn'pFuf.fS h.s Nr,.