The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-08-22
PACKING THE SUPREME COURT.

generally believed that IL was done for
the express purpose of securing a court
Of the last resort which would declare
the "~greenback" currency a legal en-
der. As the court stood before its
increase OF membership a majority OF
the judges were opposed TO this on
struction Of the Law. 1t was we'll known
at the time that the views of the two
additional judges were known by the
president to be in accord with the de-
sire of the administration and Wall
street on this point before they were
appointed and that they were placed on
the supreme court bench for the purpose
of securing this very decision by that
court.
Again in later days another promi-
nent railroad lawyer was placed on the
bench Of this court. the appointing
power well Knowing his views - IN
portant railroad questions before the
office was rendered him and it was
promised that the big railway corpora
tons would subscribe a large sum to
the republican campaign fund if this
man was given the appointment.
These appointments were made when
the court was almost evenly divided on
the questions which the administration
and its supporters were most anxious
to have decided in a certain way.
A majority of only one on this court,
composed of nine members, is too close
to be comfortable to the powers hat
be, for some one of the majority might
change his mind. The income tax case,
decided by the supreme court a few
years ago, is an illustration 1t will be
remembered there was not a full court
when the case vas first argued and
those of the judges present requested a
r~e-argument before a full court before |
they would decide the case The alb
sent justice came, the case was again
argued and the income tax law decided
unconstitutional by a majority of one,
four holding it valid and five declaring
against it. To the surprise Of every
one, though. it was not the justice alb
on the first argument who cast the
deciding vote against the law, but one
those present at the first hearing and
who up to the time of the second ar
gument was of opinion that the law was
constitutional but the second argu-
ment or something else changed his
on this most important question,
the judge who was absent on the first
hearing voting for the constitutionality
Of the law.
This shows how dangerous is. is for
the administration to rely upen' the
slim majority of. one member of this
ures involving the legality of measures
It wishes to carry through.
In the appointment of Hon.. Oliver
Wendell Holmes to the vacancy IN the
supreme court bench President Roose-
Welt seems to have remembered these |
past circumstances in connection with
he appoihtmentsste this court anduhas
governed himself accordingly, with4the
view of strengthening the administers
position aate the novel principle
in matters pertaining to our new
possessions an act of congress is supe-
cior to the constitution and that only
such provisions of the latter apply to
hem as congress chooses to make APP
plicahle- The supreme court, by Adj
vision of five to four. decided that o n
zress had absolute control over Porto {
Rico and the Philippines and tha-,the
constitution did not these por-
ions OF the United States, except when
put in force by the will of congress-.
This majority of one was too small for
he president; so on the first oppoytu-
nitY thatoffers he takes steps to secure
peymanencY of thiH construction of
Law and the constitution. This he B
of the proposed new justice, be- =
fcne he tendex him the appointment. I,
appointing Justice Holmes hiss
views ON this, important poin s6 law ]
were zscertained. The president wasj
informed that, Justice Holmes spinionI
was that 'the constitution extends tod
QUIZ oIoni only to, the degree. o
the congress Of the United States
it by legislation So now the
advocates of this remarkable con-
struction of. the constitution that, the
creator is subject to the will of the
have a court Of final resort in
thera is less danger of orerruling
the former decision and taking frdm
the president and the congress absolute,
despotic rule over those colonies.
Tt is true, Justica Holmes title to the
office is not yet camplete; hiss nomana-
ton must be confirmed by the senate
before il becomes so; but there is no
danger there; the republican, senators
will be sure to confirm the nomination
of a MAI who they know IS ready to
carry out their ideas on this Very i'm
portant questian and viii. decide in
favor of their contention FOR absolute
rule N these islands.
The descendants of Beaiamjn Frank
lin make claim against the cities OF
PHILADELPHIA. and Boston for money left