The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1900-05-28
Justice Earlan's Views.

In tho decision OF the Kentucky case
Associate Justice Harlan is the only
one who d.ssents as 20 the general re.
suit.
Tho dissenting judge is one Of the
oldest members Of the supreme court
appointed 10 tho bench under circum-
stances which seem TO make him feel
that Il is his special duty tn uphold re-
publican principles regardless of the
law. Not that he would be dishonest
in any decision. for the judge is n man
OF scrupuious integrity. but he finds il
exceedingly hard 10 throw off that in
huenca which sometimes takes possess
sion OF men, and governs their acts.
Thus, In dissenting from the plain
constitutional doctrine enuncisted by
tho supreme court he gays:
II the Kentucky legislature had wholly
6isrssardCd The mode prescribed by ne
statutes OF that state and without sp-
pOinuns Il board of contest composed Of
its Own members. had Is joint resolution
simply declared Gcehei u be SoyernOr,
ana especially II such action had boon
held BY the highest court OF the state to
be conclusive. this court. We arc in
formed By the decision - rendered
would be without Jurisdiction to protect
the incumbent, for the reason as i now
aa5udged, that tho office IN dispute is not
properly within the meaning OF ehe FOUR
teonth amendment But u seems that n
Ger our system Of government the right
O. a citizen 70 exercise 4 state ofice TO
which he has been olii-iany elected by
the people n ny. - far as tho constitution
OF the United States is concerned, bs la
ken from him By the arbitrary action OF
a state eEislature IN utter disregard OF
tho principle that AnciO-Saxon f~eemen
have FOR Centuries deemed 10 he essential
u the requirement OF due process OF law
cannot asss mt 10 this Interpretation OF
the fourteenth amendment
Now all this means nothing more ns
less than an ignoring Of the constitu-
t.onal units CT which the country is
composed.
Because a certain result is desirable.
be would brush aside every obstacle.
regardless OF the reason OF its pres
ence and by his recklessness in reach
ing decision would work much more
injury than the one which he was try
ing TO redress. There is a supreme
court OF the United States, and I'D to
this high tribunal Judge Harlan would
open the way for every kind of conten-
ton. lie takes the ground that because
the supreme court OF the United States
represents the whole nation. that.
therefore. the state OF Kentucky loses
its sovereignty the moment Il appears
before the bar OF that body. He would
have tho election manager appeal to
the supervisor, the supervisor TO the
returning board = the state. the re-
turning board toVthe legislature. the
/ legislature TO the state supreme court
ard finally kicking ali aside. drag tho
whole matter to a far distant tribunal
/ for settlement
Taking the doctrine OF Associate Jus
tee Harlan. and applying It generally.
what would be the result? He
holds that when the Legislature
OF Kentucky settles a Kentucky
question that a finality had not
been reached. but that an ap-
peal still lay 10 the supreme court. Now
IL 4 be true that tho legislature of Ken
lucky is not the final judge OF its own
sovereign power. what of congress?
Suppose the house of representatives
should again, as 1t has In the past, vlo-
lently eject man from his seat who
had been elected by maiorities running
into the thousands. would. Justice Har-
Ian hold that such member had a
right to redress through the supreme
court. and would he grant II?
II is not so very long ago that an
electoral commission, controlled by re-