The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-11-10
Judge Walter Clark
L. L. %.
In the Arena

/ then prevailing, gave to the people
the selection of only one-sixth Of the
governmental members of the low
er house of congress. The choice of
THE executive and the judiciary. and of
the other half of We legislative de-
partment, was carefully placed beyond
their reach. The senate was made cleo
tive at secondhand by the state Leg
islatures. The president was intended
to be elected at third-hand by electors
chosen by the state legislatures, and
the Judiciary at fourth-hand by the
appointment Of the executive so chos-
en-; and to place the judges farther
beyond the possibility of responsible
ity to the people or influence by that
popular opinion which is the founda-
tombstone of free government, the
tenure was for life
A more complete denial of popular
control of the new government could
not have been devised. Hamilton
would have preferred hereditary
executive. That would not have been
as efficient for his purposes as an
appointive life judiciary, for we know
that the hereditary executive in Eng
land has not dared to exercise the
veto-pOwer since the revolution of
1858, more than two centuries But
BY sfss4ssx ct the power which the iu-
dietary soon bestowed upon bemsel-
YES. by construction, of declaring airy
statute unconstitutional, the Judges
have. set aside acts of congress at will.
Thus the legal-tender act, the financial.
policy of the government. was inyali-
dated by one court and then validated
by another, when the personnel of the
court had been increased for that pur-
pose. Thus also ten years since the
income tax, which had been held con-
stitutional by the court for hundred
years and after being at first-again SO
held. was by sudden change of vote
by one judge held unconstitutional.
nullifed and set aside. The result was
that one hundred million dollars of
annual taxes were transferred from
those most able to bear them and
placed upon those least able to bear
them, necessarily forcing the reten-
ton OF the high tariff, which is tax
upon consumption and therefore a tax
upon the many. In the ten years which
have elapsed since the income tax.
passed by both houses of congress and
approved by the president, was thus
set aside. this change of.front by this
one judge has cost the toilers, the pro-
ducers Of this country, one thousand
million dollarsi Had the court been
elective, men not biased in favor of
colossal wealth would have filed
more seats upon the bench, and IL
there had been such decision. long
ere this. under the tenure of a term
ct years new incumbents would have
been cfiUssl;. returning to the
former line Of decisions. 0crlA -have
upheld the right of congress to control
the financial policy of the government
in accordance with the will of the peo-
pie of this day and age, and not
according to the shifting views which
the court has imputed to language used
by the majority of the fifty-fve men
who met in Philadelphia in 1887. Such
methods of controlling the policy of a
government are no whit more tolerable
than the conduct of the augurs of old
who gave the permission for peace or
war, for battle or other public move
ments. by declaring from the fight |
of birds, the inspection of the entrails |
of fowls, or other equally wise devices, |
that the omens were lucky or unlucky |
the rules of such divination being
in their own breasts and the augurs
being always privately informed as to
the wishes of those in power.
In England one-third of the revenue
is derived from the superfluities of the
very wealthy, by the levy of grad |
uated income tax. The same system is |
in force in all other civilized coun-
tries. In not one of them would the |
monarch venture to veto or
declare null such tax. In this coun-
try alone the people, speaking through |!
their congress and with the approval !,
of the executive, can not put in force |
a single measure of any nature what |
ever with assurance that it shall meet |
with the approval Of the courts; and
its failure to receive such approval is
fatal for, unlike the veto of the execu-
tive, the unanimous vote of congress
(and the income tax was very near