Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-08-29
THE SUPREllE COURT
NOT ABOVE CRITICISM
New York llycuing rot.

A'sf ANtsN s-f 'Htfb NHs.
Congressman Littlelield's trenchant
review of the insular cases. read before
the American Bar Association ut Dem
yer yesterday, was denounced by ona
oxcitahie lawyer present as AN attack
upon the Sunrone Court Of the United
States, y The incident IL reported to
have made '.sansation, though Mr..
Littletield was warmly applauded, and
cunfessedly carried large majority OF
tho Association with him. All that he
did was TO apply legal and logical
soalpel to the confused and conflicting
opinions OF thp Cours; to point out It's
hesitancies aud limping argument;
and to conclude from his whole ex-
animation that "the incongruity Of
the results and the variety of inconsist.
emit views expressed by the different
members Of tho court are without a
parallel in our judicial history"
Ia that to attack the Supreme Court2
Did Congressman Littefleld really come
short of that regard for the decisions OF
our highest judicial tribunal which is
incumbent upon him as lawyer and
q citizen? We do not think 1t can be
maintained for an Instant. There is
just one thing which we owe the SUI
preme Court as suoE. That is immedi
ate aud cheerful acceptance Of Its iudg-
ments. They declare tho law, for the
time being, and we must obey the law.
But this Is very different thing from
asserting that the court is sacrosanot
and infallible body, about which no
good American will speak except with
bated breath. We are not bound, either
in law or in morals, to have more re-
spect for the personnel OF tho Supreme
Court than 1t is entitled TO by its real
weight Of character and strength OF
mind; and about its reasoning We are
at perfect liberty to. reason. 10 deny
this Is to fall into confusion OF
thought. The whole duty of an Amori-
can citizen In the premises was laid
down by The learned Mr.. Dooley" In
his comments on the insular cases. lie
put into the mouth OF Justice Brown
the Words mind now, what l say
goes. . Tina. 10 ell there is in it, The
Judgment OF the Supreme Court goes
in law and government; but to pretend
that it is beyond scrutiny, above dc.
bate, and az fixed and irreyiewahle as
. law Of the Modes and Persians which
altered NOT, Is TO affirm q doctrine Of
political Hlaveryand of legal imbeoility.
Why should We be more tender Of the
court than the court is OF itself? The
; Judges are under no Illusion about each
other. When the new Law Courts were
, opened In London, the judges drew NJ
, an address to this Queen. In which they
, had q phrase about being conscious
/ of our own weakness. Witty Lord
, Bowen proposed to amend, 80 as to
! make 1t read, conscious as We are oil
, each others weaknesses. This kind
OF consciousness was, Mt any rate, what
, the judges at Washington had. Justice
] White bluntly told Justice Brown that
/ his law was bad and his reasoning I'M
Ineligible. Chief Justice Fuller tried
/ his caustio zen upon Justice Brown al
/ well as upon Attorney General Griggs.
As for Justice Harlan, he came out IN
, a solemn and almost fearful protest
, against the position OF the majority.
! Was this contempt of court? II so, il
8 was contempt of court by the court. II
) the decisions of the Supreme Court are
/ saoredly to be removed from all criti
0 cisms, to vary Voltaire's phrase, lei
q messieurs los JUICES commencent,
z 1t is late IN the day TO tell Americans
r that they must not let their minds clay
8 freelylupon the.poltioo- legal decisions
/ OF the Supreme Court. How can the
/, court be made to reverse itself, rs it So
) often has done, except by discussion
Q the legal tender cases, and SO it did II
Q the income tax cases. Will any man as
q sert that the judges yielded, in thoit
Q instances, to aught but what they
!. thought the force of reason? But how
d are you to find out tho force Of reasor
: except by freely reasoning? II 1t wa
y lawful and proper to discuss the incom,
& tax cases, and bring them to O rebeGrs
II Ing and reversal, 80 it is TO do the SAM
d thing with the insular cases. In thi
!. there 10 no attack upon the Suprem
J, Court 1t lie only common sense ant
d American pracIice that are attacked b.
It those who deny our right to speak o
IS the Supreme Court In anything bu
10 whispered humbleness.
10 Congressman Littleiield is not maj
d afraid to stand alone, but he has plenty
10 Of good company both in his views ant
10 in his fearlessness in tutoring them
D. Judge Simeon E.i Baldwin OF the Su
10 prene Court of Connecticut, who i
10 also lecturer on law in Yale University
has an article on the insular cases il
the last number OF the Yale Review
which is, according to this new -fangleI
doctrine. q fragrant attack upol
the Supreme Court. iie calls it
tx disposal of the cases before it "lam
hating, and agrees with Mr.. Lit
ut tleteld in holding that while Their
" was Judgment Of the court
st there was no Opinion" since "n,
o, one CONQUERED in the opinion" which
10 Justice Brown gave whom announein,
i the judgment Of thHcourt. Judge Bald
e. win fatty declares that. even so, tn
ID Judgment could mot be rendered with
7, out either ovarruling or explaining
8, away one Of the leading cases decided
le by the Supreme Court IN the time o
1T Chief Justice Marshall" And thil
p udg e of tie Supreme Court OF Con
10 nectiout, referring to the supposeS
" fundamental rights" of American
p citizenship, says that now they Z" ar,
D such. and such only. as the few mel
" who chance to occupy the bench of tht
II court of last resort may see lit 70 recog
u nize. There is no appeal from thi
Is decision, aud that deoision rests on n,
I'd written law. 1t seems probable tina
le the liberties of the N ilions of new in
er habitants now brought under the powe
1t OF the United States will not be left Il
protection so indefinite and insecure. ;
10 No one can hold a higher view thai
a we do of the place of the Suprem
80 Court in the A american political system
% nor can any one be prompter than W
~ In submitting, and oounselling un
j. hesitating submission, to IS ipterrro
tatiops of the law of the land But ID
10 American Is required to abdicate hi
as reason before this or any other agenc