The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-03-15
The Narrow Margin Of Legal
.''.". INTERPRETATION,

interpretation.
| Comprehensive and satisfactory as
Is the recent decision of the supreme
court of the United States in the
merger case, there Is an element con-
Injected Herewith which must Of ne
cessity prove a disappointment to
students of the legal, political and
economic phases which that case pre-
scented. The division Of the court on
the important questions presented for
its consideration and the ultimate de-
oision by vote of five to four Is sug-l
gestive Of the Snarrowness of the
margin by which the contention adj
vanced in behalf of the government
has prevailed.
It is unfortunate that in a tribunal
occupying the status Of the highest
judicial authority of the nation, to
whose decision questions Of the magni-
Itude Of those involved in the far
reaching consideration Of the merger
case are referred, practical
unanimity should seemingly be
Impossible. Differing judgments
on important questions may be
natural in any body of men, but the
Interpretation Of questions affecting
the nation in its entirety should, to
inspire a general feeling of confidence
and to establish their own conclusive
ness and flnality, have stronger sane
ton than the margin of a single vote.
So far as the immediate effect Of
particular decision or the consequences
upon the particular issues of a single
case are concerned, the majority vote
| is decisive and controlling. But the
narrowness Of margin in q court as
nearly divided as was the supreme
court in the case referred to is sug-
gest,ve of the possibility that the
future change of one member of that
body may reverse the precedent estab-
lished and negative it's general appli-
cation to future controversies Of a
similar nature. r.s- H..
Considerations of this character
would be less pertinent were the case
in hand a single instance, or an ex-
ception to the general rule. Unfor-
tunately this is not the fact. OF
recent years, in nearly every instance
where important questions affecting
the supremacy Of the nation or the
constitutional powers Of the central
government are concerned, the cases
D have been disposed of by similarly
divided court, until the saying has be-
come trite that constitutional questions
!! are disposed Of by the characteristic
e vote of 1--WE to four" .sl
"a Illustrations in this regard are nu
Le merous. In the original TRANSMITS
If souri, Traffic association cases, IL
r which the question Of the construc
If ton and effect Of the so-termed Sher
is man antitrust act was first submitted
" to that court. the final decision wa
II established by a division of five tt
four In the income tax cases, grow
rt ing out of the Spanish war and in
IS volving the power of the government
Or to levy taxes on certain classes o
m property for the purpose of raising tn
ss necessary revenue to defray the ex
IT, penses Of the war, the same division
'e manifested itself. In the insula
% cases, involving the far-reaching con
'Al sequences Of determining the consti
80 tutional authority of congress to leg
islate as respects the territory &C
quired under the treaty with Spain
49, and as to the status Of the territor
=, thus acquired as we'll as it's citizens
q. the authority assumed by congress
es was upheld by the same vote.
r. These will suffice to indicate tn
W narrow margin upon which our pres
it ent constitutional Interpretation
of sustained and the doubtful fna11t
of that Interpretation.
r Uniformity in the Interpretation Q
at the powers Of the central government
ny is unquestionably essential, and per
an petuity in the pronunciamentos b
rs which that authority is proclaimed
st indispensable under our form Of gov
re eminent. It is commendable that not
pc withstanding decisions rendered b
ne margins as narrow as that noted, tn
x members Of that court have treate
ne the prevailing opinion as final and tn
'o' questions decided as not open to ful
Their discussion or debate. To tn
7, one notable exception will be recalle
~ in the reargument Of the income ia
(. cases in which between the origins
and final argument the composite
~, Of the court was changed as respec
-. a single member. Much speculate
"a was INDUCED in at the time as to til
,e+ probable effect Of this single vote an
RI the uncertainty Of the ultimate d.
NV cision as we'll as the enormous respo1
nv sibility placed upon the shoulders
es- this one man of casting the decisi,
err vote was commented upon extensive
he by the press.
I'VE It is somewhat remarkable tn;
raD this inability of agreement should ha,
he manifested itself in so marked a, d.
le- gree only in comparatively rece1
years. At the inception Of the go,