New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-17

Tho alignment Of tile Supreme Court justices
. in the merger decision was, without question:
r,uinHucnced by any political bias. NeTcrtAe-
loss 1narizin. I'm a general way. as Il does. the
division between the two great schools Ct con-
stftutional law which have persisted from me
beginning Of the nation, il suggests some curl
4 Gus questions Of party principle and pollcy. An
the Judges Who uphold the paramount right
OF the nation TO deal with the trust problem, no
matter how clevcTly the trusts may strive 10
shield their interstate operations by pleading
/ i1violahilitv under local law. are Republicans.
/ The three Democrats on the bench, true 70 the
historic doctrine OF their party, IN effect hold
the federal government impotent in the face or
the great corporations which thought they had
found in the fiction OF mere stock ownership
under State authority n safe way 10 combine
the railroads OF the country. Yet Il has been
FOR wears the common boast OF the Democracy
that It was the foe of trusts and monoPolies and
the only party which could OF would subject
them 10 the authority Of law.
It's now seen that only the Republican party
OF some other party Of equally broad national
ideas can deal with this trust problem. The
trust Ike slavery, finds is refuge in State
lines and strictly construed national powers.
The political doctrine that has especially pro
NOTED the building up OF industry and Inter
state commerce on vast scale S. appropriately,
alone found adequate 10 the control OF these
great enterprises for the popular welfare The
decision Of the merger case might have been
reached lv Chief Justice Marshall. but q never
could have been found by Chief Justice fancy.
The Democrats now IN the Supreme Court offer
an Illuminating commentary on the ancient
boast OF the Democracy that Il only needed %
be in power 70 smash the trusts. Perhaps II
NAV be said that the Chief Justice and JUS
tees White and Pec5ham are not really Demo
Gratis in touch with the party aspirations OF 20
day. That IS true n Democracy IS Organism.
Mr.. Bryan saw that himself IN 1896 and his
platform denounced the supreme Court, 10
which they then belonged.
The radical populistic wing OF the Democratic
party tends 10 socialistic consolidation, md its
Inevitable end would be 70 sweep away all con-
stitutional checks and balances 20 give instant
effect 10 popular crazes. In harmony with this
sentiment was the coal plank OF the New-York
Democratic platform 81 1902 which proposed
10 sweep away the rights Of Pennsylvania and
put the coal mines under the control and opera
ton of the United States. So, too other IA
vorite radical schemes q Democratic poll
ticiaus, like the naturalization of railroads are
plans OF consolidation and unchecked popular
despousm. Undoubtedly n large part Of the
Democratic party holds this attitude toward
public questions. Many Democrats themselves
agine they are true TO theories OF strict con-
struction and small powers for the general gov
ernmcnt. They think they believe, with Jeffer-
son, that the best government IS the one that
| governs least IN fact, they are only heirs Of
! JeTerson's dOctrinaire radcaliem and have no
/ reverence for the practical political principles
which he worked ont for the safeguarding Of
1 liberty. However jefferson in his primitive sur
4 roundings may have managed TO fuse them.
! these dreams and policies are not now consist
/ ent. There IS an irrecOncilable difference be
! tween old fashioned Democrats. Ike the JUS
! tees, and radicals who have recently controlled
/ tie uarty organization.
! We have before now suggested that the De
! mocracy might find advanced radicallsm. md
even socialism, the only alternative 10 dissolu-
uOn since al its historic principles Of conserva-
/ tism had become mere empty phrases 70 most
/ OF its own adherents when they were not actual
/ stumbling blocks 10 the accomplishment OF their
/ new aspirations. The merger decision and the
1 Indications OF a Democratic attempt not only
/ among Bryanites. but also among so-called con-
I scrvatives 10 force The logic Of the decision 10
/ extremes and still claim 10 he more earnest
against trusts than the Republicans emphasize
this possibility. II in the quest of votes the
1 Democracy still tries 10 Guido Republican eff
/ forts 10 contro, trusts. q must frankly abandon
4 old Democratic doctrine and take the final
plunge TO consolidation. Meanwhile the Repub-
Ican party Is left I'm its old place as an aivo.
cate Of national power adequate 10 all national
needs rs they may bc revealed 10y new condt.
ions but carcfLlly restrained from work az
1 passion and destruction. The new Democrats
| 10 reach their aims would sweep away historic