The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1904-03-31
DEMOCRATIC DISSENTERS.

Politics enter about as little into
the decisions of the United States
this country, but, nevertheless, many OF
the decisions of that court have great
political significance. The recent
Northern Securities decision may be
considered in one sense as political
decision, not because it was decided
as it was for the sake of politics but
because the judges divided along
party lines, and because, moreover, the
result is of great political conse
quence. Judges of that court are
above making decisions Tor political
effect, but the education and beliefs Of
lifetime are generally too strong to
be overcome by common arguments so
the Democratic judges are likely to
vote on party question according to
party belief.
The peculiar thing about the Secur-
tiles decision is that the four Demo-
cratic members of the court dissent
from the opinion of the majority
when it would appear that they would
be only too anxious from party reasons
to vote the other way The Demo-
cratic party is additionally foe of
monopoly, and all its platforms,
State and national, bristle with de-
nunciations of trusts and o.her con-
spiracies in restraint of trade. Anti
trust talk is one of the most popular
kinds with the Democratic SPELL
binders. To be sure the Democratic
party has never done anything serious
to trouble the trusts, yet it is almost
surprising that the first opportunity
the Democratic judges had to vote to
stop combination they failed TO
do so. The Republican judges pre-
vented the greatest monopolistic rail-
road merger ever attempted in this
country, while the Democrats stood
opposed to them.
Why did the dissenters dissent
Justice White in his opinion said that
the principles laid down by the ma
jority are destructive of government,
destructive of human liberty, and
destructive of every principle upon
which organized society depends. y
Did not the Justice use pretty strong
language under the circumstances !?
He does not deny the constitutionality
of the Sherman law, directly at least,
and does not question the validity of
the law. He merely says it does not
apply to the case and that there may
be some question as to whether Con-
gress can make it apply.
In this connection the New York
World dem. comments rather caus-
ically on the stand taken by the |
Democratic judges and closes as fol- |
ows:
"Justice White and his Democratic
ssociates base their dissent from this
pinion and Judgment upon the tech
ioal point that the ownership or
gliding of the stock cannot be said !
! be in any sense traffic between the |
5ates or intercourse between them.
hey likewise hold that the princi pie |
id down by the majority will create
dangerous precedent for interfering |
it'll the consolidation, under the ex- !
ess authority of the State creating
corporations, OF State railroads |
llch may do an interstate commerce
siness, and for extending the power
Congress to other subjects es-
italy local
1.-THE people and the courts can be
sted to meet these dangers, real or
aginary, when they shall arise.
the present the country is graft 7
by this timely demonstration of
power and the disposition of the
,sident, the Congress and the
rts to protect the people against
peril of plutocracy aid the AFRO
expansion of the power of mon
ly. And the disappointment and
Ider of the Democratic masses at
attitude of their representatives
,ur highest court are not lessened
IN examination of the very flimsy
far fetched reasoning put forward
IS Defense