The Montgomery advertiser., 1906-07-08

Does Professor Bryce exaggerate in
 declaring the Supreme Court to be the
 living voice of the constitutiony" Does
 Professor Dicey err. when insisting he
 does not err. in terming the court the compliments are among this august tri-s
 bunal, by foreign publicists. Eulogfes
 of this kind, beginning with Tocque-
 vile and echoing in every country in
 Europe, have been matched at home
 by Webster. Binney and Phelps It IS
 commonplace to insist that the fram-
 CTS accomplished their most admirable
 sngis st of Of work r The an
 shown by experience to be marked by
 wonderful foresight. deep sagacity.
 Holland has a fine phrase to the effect.
 public opinion" With us that may be
 confessed to be true only with qual-
 ification. Americas public opinion that Is formulaeed and armed must con tons and restrictions that are imposed
 or the Legislature by the constitution itself. Of the nature and extent of these. the Supreme Court IS m q ,y very may be contests in the future as there have been in the past when this su- premaey may be questioned. but So
 long as the American people are proud
 ren nlain saDss Sths voice.. sG if if not the master
 of the constitution. The moments | of power, as between. Jefferson and Marshall. and between Jackson and Marshall, is in the truest sense. of the
 moment. The great and apiding curs 1 through the Supreme Court One of I the Justices who has been. longest Tn service on the bench of the supreme ] Court has been heard to say, that at I the first term. when he took his place. l there wero so many gravely important cases decided. he was forced to cop clude that In the coming year the | courts work would consist in filling Tn 1 here and there, straightening. at this 1 place and that. the great highway or l jurisprudence then so fairly laid down.
 Yet at every new term since he ascends l ed the bench, he has been astonished 1 by the variety, the compiexity, the fer 1 reaching importance of the problems l presented for solution.
 During the terms that closed % on mhs ,hs I hundreds of cases disposed of, there | have been for example, decisions de, | fining the boundary between Missouri | and Nebraska; Sthe Kansas trust act | was sustained, as was the Texas anti l trust act: so also the oleomargarins | law, tho safety appliance act. the Massa- I chusetts vaccination law, the anti.ci.
 sarss'e same states tate legislation aimed at I express companies carrying c. o. D, I packages of whiskey was overthrown I Further, an Indian allottee or idnu Wds held to be a citizen of the United States: in the Tu Toy case, a China Il man born here, going to China ana re Il turning, was held to have forteiteo nls H right to enter the country, 1T the I'm Il migration Commissioner so holus; H i,iry of six persons in Alaska was pro H nounced unconstitutional; the righ | of the President to levy duties on nm II ports into the Philippines was nsnled | tho peonase statute was sustained, ant | among other cases, that of the Payer F weather will and that of the Northeri Securities. Doubtless the most Import ant of all is the opinion Tn the tourney
 man bLkers case from New rork wherein the New York. statute makint it a penal offense to employ bake for more than ten hours a day' Va pronounced unconstitutional, as Vio lating the obligation or contracts; has been many years since Sir Henr! Sumner Maine singled out the sacred ness of the obligation or contracts .hh der our Constitution. as certain 70 prov d rock of offense to many excellent en thusfasts who were interesting them
 selves in vast schemes of social an' economic reform. More recently the Court mas reetins the boundary between Mississippi an, I,ouisiana; they have held that soutl Carolina Is engaging in the lqno traffic and must pay the same lnterna
 revenue taxes ss,.sr as any v oinep Illinois V Mls
 souri was held not to have made out . ease Against the city of Chicago charge with a pollution of the Mississippi XIV CT. Tn the Hodge case from Arbsnsa R bsId that an agreement between cer tain whites to prevent the employmen of any negroes at certain mill plan involved no constitutional question 0nA need not be surprised that the com
 Handing place the Court was destine fo assume could not be foreseen,. Ther were many astonishing forecasts D men of the early post-revoiutlonar lenoch, the greatness of the Su nreme Court was not one these Washington indeed diml de scried the place the Supreme Cour properly administered would make Io to itself. But Jay the first chief 1ustic ! threw up the post in disgust to be come Governor of New York, while a