The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-06-07

some plain talking Of its own. We
make a quotation. but its whole edito-
rial Is good reading and helpful as
well as remindful. 1t is a very staunch
enemy OF Mr.. Bryan anc his supporters.
It says:
1T Is unfortunately true that the
supreme court OF the United States has
not for some years enjoyed It's old re-
spect. In saving his we are but
echoing the unconcealed opinion Of
lawyers who practice . before Il, and
who are competent to pass upon its ju-
dicial reasoning. The thing speaks
for itself. In nearly all the important
cases from the income tax decision
down, the court has beei almost even
~ divided, h prevailing opinion has
not been written with the majestic
march OF logic which convinces the I'M
Outstanding while 1t settles the law,
n the dissenting justices have ex-
pressed themselves with heat and al
most passion This state Of things
does not argue q happy personnel.
The court appear to be without a
large n luminous mind X Mar
shalfs or the late Justice Miller's. to
. seize upon great principles and state
them in such a way as to compel the
assent Of its associated and feeble in
tellects. The result Is the divisions,
we had almost said the wranglings,
which have of late marked and married
the decisions of our highest court.
yesterdays appearance of the SUI
preme court. in passing upon many of
the so-called insular cases before 1t.
was certainly not of a sort to heighten
either legal or general respect for it.
This is confessed ven by those who
are pleased with the majority opinion"
Since writing the above We have
Span in the ayfrappa raprhlioon aroap
the Baltimore Herald. an editorial CEN
surfing Mr.. Bryan for a justified and
sound criticism Of the court which the
Herald calls an attack" 1t finds in
Mr.. Bryan's criticism the most con-
clusively convincing sign that he "is
untitled for the duties Of a great party
leader" To oppose the opinion of the
five justices that echoed Mckinley is
"to place himself in the direct path of
public movement and is to invite disas-
ter both for himself and any party that
he may dominate. And, truIy, Mr.. Bryan
appears fated for just such a political
martyrdom." If that comes to him he
will fall a martyr to duty and patriot
ism and wisdom. The sharpest critic
isms of the supreme court are from the
great independent newspapers in the
north-from some of the most reputa-
BILE and ablest of republican papers.
The partisan sheets all swear by Nc
kinley and his court Of five. Mr..
Bryan has not always been wise or alb
solutely correct. What man or editor
or statesman ever was this? But he is
a very honest man as we'll as able. and
when he "gces for that band OF revo-
~lutionists on the judicial bench he per-
forms q public duty. The court has
sought to make congress supreme-to
give it vast powers, and yet in the face
of this we'll known fact. the Herald has
the hardihood to charge that Bryan
and the democrats seek "a great cur
in the power of the judicial
branch of the national vernme
This the democrats would transfer to
congress, since they may, at least, hope
to control both houses and the presi-
dency at the same period. This con-
troll once gained, only the watchful in
f1uence of the supreme judicial tribun-
nal Of the nation could safeguard the
constitution from their attacks"
Just for curiosity, after this rash
statement, we draw upon a few north
ern papers. The Buffalo. On. " Elk
press, republican, say there is a
moral side in the question. 1t says:
Although the power of the United
States to acquire colonies and to rule
them without constitutional limitations
is established. the moral right and the
political wisdom of doing so are as
much in dispute as ever. Those who
lave commended against this policy
AVE their position strengthened by
the addition of four such men as Full
Ter, Harlan, Brewer, and Peckham to
the list Of their supporters. which al
ready included Sherman. Harrison.
Edmunds, Reed. Boutwell,, Hoar, and
many others who have long been look
ed upon as the leaders of political
thought in the United States" y
1t means republican thought" The.
Detroit Free Press 0nd.) says the de-
cision Twill no more stop popular agita-
ton than did the Dred Scott decision"
in the north prior to h great war.
The Hartford Conn. } Times, DEM,
say the decision has but increased
the difficulties" The Cleveland Plain
Dealer. DEM. holds that the con -reSs
is clothed with full power now to legis7
late as it sees fit for the government
of the insular territory of the United
States. Public opinion can operate on
congress-" The Philadelphia Record,
Ind. dem. says that the supreme court
of the United States has reasserted the
right of taxation without representa-
ton that the colonies fought to over
turn. 1t would have been better to
abandon our islands than u constitu-
ton, though it was not necessary to
abandon either the one or the other"
The Chicago Record-Herald, inde-
pendent says that the o~pinion-of,
Justice Brown. backed by the
votes Of Justices Gray, Shiras, White
and McKenna, is the law Of the
land today, though it tears the consti-
tuition limitations into shreds. and.