The midland journal. (Rising Sun, Md.) 1885-1947, 1901-06-07
A Judicial Farce.

If the recent decision of the Supreme
Court was not so serious matter it might
pass for judicial farce. This is about
the opinion the majority-almost unan-
imous-of the press of the country hold
of this ambiguous decision. Taken at
random the following is fair sample OF
the opinion of the press:
"When one of the Justices themselves
saws that he cannot understand the reason
ing Of his learned brethren, mere news
paper may venture to express doubt
whether one American in million knows
definitely this morning just what the
twelve thousand words of yesterday have
decided, and Just what the effects will
be.-Hartford C0Wrant.
Public respect for this politico Judiciary
is growing less as the years roll on. The
bred Scott decision was reversed by the
people. The Income Tax decision was
an absurdity. After century in which
the ablest judicial minds concurred in the
constitutionality Of that tax it was pro-
nounced unconstitutional by decision
of five to four of those supreme" judges,
one of the number reversing his opinion
in less than month, if not in one night.
And now we have another five to four
decision more ambiguous than any of its
predecessors, apparently with no two Of
the judges reaching the same opinion,
when their opinions happened to concur,
by the same view or legal reasoning.
The absurdity of Supreme Court to
decide constitutional questions for pop
ular government, where the will of ma
jority of the people constitutes and estab-
fishes the supreme law of the land, would
be ludicrous if it wasn't so serious
matter.
Consider the case a moment. Nine
lawyers, mostly of very ordinary ability,
appointed for life by President who
generally expects his administration to
secure favorable decision on some policy
or other which his party has championed
This is emphatically the case in the rec
ent NEUTRALITY-SUSPICIOUS. and
so it was in the Income Tax decision.
The millionaire class employed the most
famous attorneys in the country and paid
them fabulous fees to bulldoze the Court,
and they succeeded admirably.
In the last instance the administration
is to be let out of the trap it has got into
in following the English imperial colon
ial policy, by declaring McKinley's acts
not unconstitutional. This apparently is
the hardest job this supreme political
court ever undertook. While failing to
show they are constitutional the Court
managed to say they are not uncon-
stitutional.
The people in a republican system of
government should constitute their own
supreme court on all constitutional and
political questions. Every law of national
should be submitted to the
popular vote to confirm or reject, and no
select branch of judges should be allowed
to have anything to say about it. Let
them decide points of law in civil cases.
That is their proper field of action.
The majority of the people should be
supreme in all law making and constitu-
tional questions. Just think of the con-
dition the American people permit them
selves to be placed in by this jury of nine
old lawyers. Congress after debating an
important measure for weeks passes law
embodying their views, and it is presum-
ed to be the views of majority of the
people who are their constituents, ex-
pressing their wishes; the act is signed by
the President, and it is referred to this
aristocratic tribunal called a Supreme
Court, which pronounces it unconstitu-
tional, the bench perhaps being divided
Ill its views OIL the case, some for, while
others are opposed And this is almost
invariably the case.
Congress has many ADLER lawyers in
both branches than these on the Supreme
Bench, but their opinions weigh for
naught against this benclf of, to some
extent, superanuated judges. The spec
tacle is farcical, ridiculous The people
create the Constitution and the President
is the creature of the people. Shall his
creature, the Supreme Court, be greater
than the people and arbitrarily decide
upon their action?
That board of lawyers might as we'll
undertake TO decide that the Constitution
itself, or any article of it, was unconsti-
tutional. 1t is time the people in their
majesty should assert that their power
and collective wisdom are above that of
the creatures of their breath.
Let the political wings of this Supreme
Court be clipped and its jurisdiction be
confined to civil cases. Government
should be the prerogative solely of the
people.