Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-22

constitutional. Is this not enough to
I'LL the people with alarm and distrust
OF our highest judicial tribunal?"
John Randolph Tucker, in his able and
exhaustive work on The Constitution
OF the United States, says Of this de-
cision: The argument was elaborate,
as we'll on the Original hearing a. on
the renearlng, and the court By a bare
majority iuf the first time, ana after a
cei.EuTy Oh aoverss decision, heio that
the taA on incomes was 10 De laid ac-
oerdlng 10 the imprisonment; and
there were olcta 10 the eHect tnaL
q tax on pelsonai property or all kinaa
was within the term 'olrecJ taxes.
! Ills deClsion Dy sare majority OF TIE
court, against strong dissent, and a
lArS6 numocr or pfeceoents, lett the
question unsetLlsA ana undecided.
Does the Democraric platform oeeiar-
alton which mas 30 aroused tne pa
Iriotic ~ ire OF Mr.. cleveland so fur-
Iner? Ihe platform declaration Is:
wye declare mat it is the DUTY CT Con-
zTess TO use ali OF the constitutional
power which remains after THIS decis-
ion, or which may come from It's re-
neWal by rne court, as 1t may hereafter
tDe constituted. "A plain, dl5llncG
declaration TO abide ny the decision OF
the court until IL 10 reversed. GAn any
one wno is not possessed with the de-
mon of avartce ana selnsnness see
any more, disrrusr In ana d1sreepect
4or the decisions OF our "hlgnesL yadi-
! cisl trlounsl,' in the suggestion that
this accession by majority OF oAe, In
denance OF q century OF preeedent,
| might In the future De reversed, tnan
there was ia the taainS Of Inls case 20
the supreme Court ana asking that the
settled presidents of century De re-
versed! The only difference tnat will
strike healthy mind is this: that Mr..
! Cleveland evidently thinks that one
must pc right, because it IL In the in
| terest OF the idle holders OF idle CAPT
tai, and the other must be wrong be-
cause it. is in the interest OF the great
masses who make the wealth and pay
the taxes. When the Judges OF Eng-
land in the Exchequer Chamber, no less
opseauious to the crown than Is Mr.
Cleveland to the money power, by the
smallest possible majority (the judges
standing to 81 decided that the levy
Of ship money by Charles the | was
legal, Mr.. Cleveland would have had
the English patriots scquiesce in this
decision, because criticism would
teach distrust OF the decisions OF the
judicial tribunals OF England. Parlia-
ment would have been abolished, and
the king absolute But patriotism in
| England, as here, took a different view.
Hampden really resisted the process OF
the court. The decision was execrated
throughout England by all who did not
occupy the same relation to the crown
that MIR. Cleveland does to the money
power. History assigns HaMpden a
place preceding that Of all Englishmen
for patriotism and able, fearless advo-
cacy OF English liberty. History is
full of instances in which love of liber-
ty, patriotism and honesty teach us
that failure to criticize public servants,
whether executive, legislative or judi
cial, from superstitious reverence, COW
ardly fear or fawnins servility, hcralds
the approach of despotism. II Mr..
Cleveland really desires to SEQ criticism
OF eur highest judicial tribunal let
him read the opinions in this case OF
the four dissenting justices OF tho Su-
preMe court viz: Justices Brown,
Harlan. White and Jackson. Among
other STRUCTURES upon this decision JUS
tics Brown says: Il hope that it may
net prove the first step toward the
subnergence OF the liberties of the
people in sordid despotism OF
wealth" Justice Brown also says in
this dissenting opinion: "As I cannot
escape the conviction that the decision
Of the court In this great case is
frauKht with Understandable danger to
the future OF the country, and that it
approaches the proportion OF a ma
itonal calamity, feel it my duty to
eatsr nay protest against it"
Does Mr.. Cleveland mean to say that
these dissenting opinions OF the four
Justices OF the Supreme Court teach
the people "te distrust the decisions Of
cut highest judicial tribunals? II he
does mean that, Is rs not himself guilty
OF teaching Aistrust of out of Judges
OF the Supreme Court? If Mr.. Clcve-
land does not mean tAat these dissent
ing opinions teach the people ito dis
trust the decisions OF our highest judi
cial tribunal" why will Mr.. Cleve-
land oonceds to four justices OK the Su-
prcms Court the right OF criticism
which he denies to the rank and Ale"
to whom he says he is 80 anxious to
give a chance!
Mr.. Cleveland can find, IL he is anxious
to ana 1t, the cause of Democratic defeat
in 1895 and 1909, in the aistrust and odium
attaching to the Democracy, by reason OF
his nbject surrender of the government to
the great corporate and money power
from 1888 10 1887. His
Bending the pregnant hinges Of the knee
That thrift might follow fawnng."
By 1875 Mr.. Cleveland had practically
wrecked the party. Leading Democrats
who had fought Democratic battles when
Mr.. Cleveland was one Of the sheriHs OF
the State Of New York, were in despair
The great Democratic masses were hiled
with alarm and distrust ef their party:
bat when the convention convened 1T Chi
eago in 1898 the rank and file" took the
convention in charge. Cleveland and
Clevelenaism were rerudiste1 A Demo
cratic platform was adopted. great.
pure and patriotic Democrat was nom
mated fer the Presiasrcy. The party was
renovated ana purified. ana 1t went forth
to battle with renewed hcps and strength,
and Though defeated because Of the dis
trust cresteA BY the then se-caIlea Demo
cratic Administration (thouxh only such
in nane), Bryan PEELED ses,tse moro Votes