The independent. [volume] (Lincoln, Neb.) 1902-1907, 1903-08-13

the dQCptlOH Cl Tue CONSTITUTION Will
out amendment, but took no active
part against iiist it Gu account CT the the great
danger of the country lapsing into
general revolution, in case the consti-
tuition should be rejected.
Jefferson well knew that no govern
ment could long be maintained as a
republic. unless its legislative, execu-
tive and judicial departments are in
dependent of each other, and exactly
balanced. Any child who can read
knows that this is not the case with
the constitution of the United States
We have not real republic; but a
mixture of republic, monarchy and
aristocracy. The president exercises
more power than the king of Great
Britain, and the Judiciary is a great
aristocracy, appointed for life or good
behavior, by the president, and con-
firmed by the senate, body not elect
ed by the people. Jefferson objected
particularly to a judiciary appointed
for life. and predicted that it would
undermine the liberties of the people,
which it has already largely done.
AS far back as 1903, the supreme
court in the case of Marbery VS.. Madi-
son assumed the right to pass on the
Constitutionality of-acts of congress.
In the exercise of this power. the
court as now constituted, promptly
holds as unconstitutional any law con-
sidered against the interest Of the
plutocracy. This was done in the case
of the income tax, and has been done
liz many other cases.
In 1920 Mr.. Jefferson in letter to
Mr.. Jarvis, referring to the exercise
of this dangerous power by the court,
said that it would place us under the
despotism of an oligarchy." That pre-
diction is already fulfilled; We are to-
day living under the despotism of an
oligarchy in an age OF government by
Injunction, issued by the federal
judges.
ity of the federal judges have become
friends of the plutocracy. An am
bilious man wants to be president; he
is approached by the agents OF the
money power, and assured that he
shall be president, provided he will fill
any vacancy occurring on the supreme
bench by men to be suggested by the
corporations and mOnOpolieS.
President Cleveland appointed an
obscure corporation lawyer by the
name Of Shiras to the supreme bench;
and this is the man who deliberately
changed his opinion in the income tax
case in order to secure majority in
favor of the unconstitntionality of the
law
President Mckinley appointed Nc
Kenna of California, tool of the
railroad companies, to the supreme
bench. over the protest of almost the
entire bar of the three states of the
Pacific coast. informing the president
that the man was neither mentally nor
morally fit for the position.
AS far back as the celebrated Dart
IL outh college case, the supreme court
tegan ruling in the interest of corpora
tons. In that case it held that char
ter to corporation is contract bind
ing on the state which never can be
modified By this decision the central
power OF congress and all the state leg
islatures was badly crippled, namely, |
the same power to repeal that they
have to enact. These despots' decisions
in favor Of the plutocracy against the |
People have gone from bad to worse, |
until today we find ourselves literally |
in the condition which Mr.. Jefferson |
namely, under the despotism /
Ct an oligarchy.
But Jefferson accepted the tonstitu-i
tion as al that could then be done, and |
took a seat in Washington's cabinet |
hoping 10 secure such a construction |
OF the constitution as would secure |
some degree of republican govern
ment. At the first session OF congress
he and his friends secured the SUBMITS
sion Of the frs. ten amendments to
the constitution, securing to the peo-
pie both state rights and individual |
liberty. free speech, free press, trial
by jury, ETC., all of which were
promptly ratified by the states.
Then began that memorable strug-
gle in Washington's cabinet between
Jefferson, representing the states and
the people, and Hamilton, represent
ing monarchy and federalism. Jeffer-
sen was overruled on every point, and
q strong federal government was estab-
ished in spite of the tenth amendment
of the constitution which provided that
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