The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-04-03

.... Senator Bailey:
confess to surprise that YOU have
..-. 30 frank and indiscreet as to
..t that there are Federal judges
..m YOU would not trust to pass on
... rNccution and oueratioE Of the
...u,-cd railroad rate bill now pend
before Congress. 1t seems to me
-..t such remarks should be reserved
private conversation between
ruu must realize that all that
ad- between this country and
....s is IL continued respect not only
tnc judiciary, but for each indi-
..uuI Judge. We are doing our duty
....s-.iu New York. We are respecting
...2c- Hooker and DueH, and when
..... your respect haIts or ballls just
....E Of our fortitude, and thus re-
....., new faith and inspiration.
ru. the life of me / cannot imagine
.x lou desire to discriminate
..m-t the judiciary in the matter Of
...5. railroad rate bill. You have
..-.r protested because Judges have
H...ad over other laws which your
t.uff-h Congress has seen lit to pass.
E.u do not seem to understand our
...uIia. system Of government,
..5.n is based on the theory that the
..-..I. do not know what they want,
...l hat they are inherently unquali-
ud Guidance. Let me outline the
I.-jr principles.
Whenever a decided majority Of
t.. people desires the passage Of a
.u il is the duty of Z Legislature or
..r congress to ignore that demand.
This gives the majority time in which
tt exercise that sober second
..ou..4t." which is far superior to
a.n>irated and immature first
..ught II, after proper interval
ua other question arises TO attract
.ur.r attention, and if an oNerWhelm-
Ma majority of them are still deter
.ned on legislation or a certain sub
iv.t it then becomes the duty OF
Tire lower house to pass some Kind OF
Ill law covering the alleged grievance
Vt then becomes the dut-r Of the
Srulte 10 defeat it. That permits an
opportunity for the sober third
tuou@ht' of the ignorant mob, and
hey still persist in their demand
o IL law. il then becomes the duty
ur both houses to pass something
which looks like 4 law, ana ii the
EzrcutiVe fancieS it he may sign it.
t-uder every form of government on
earth, but our own, this enactment
would now be q real law ana not
wiutcd matter, but it is right here
that we excel as 4 democracy. We
ot not trust to the wisdom OF the
Iaalurity. neither do we risk our flu
t.-. ON a Congress and a President
,.etnd by eighty-odd million OF peo-
pie. on eighty millions of odd peo-
H.c whichever YOU may choose to
tym th2m. Our vested interests are
800 great that we cannot afford to
HEe chances so we let any judge
HHu may be appealed to tell us
whether or not this law goes.
Now hold that when Il single in
uvfduaI. or a majority of nine indi-
NjoUuls. has the power to set aside
rUn combined wish Of eighty millions
OF people, that such individual judge
90. court is entitled TO the highest de-
4roo of respect. and | am sorry to see
t."t You are lacking in it.
When YOU inSinuate that amy Federal
Judge does not know more than your
Senate our House of Representa-
.Nn@ and the President. you are at
'HeEm% the very genius of our gov
comment and are making mockerN
.T our most sacred institution. DO
Nnu mean to set uD the absurd notion
that mere Congress and q mere
resident are qualified to draft reat
.HS for the government of free
Ieopie? Senator Bailey, | am
.-lounded,
Permit me to call your attention to
Is. fact that this nation has pro
-#e~=ed in wealth and greatness Just
I'm proportion With the assumption OF
|.'vcr by the judiciary. The trainers
et the Constitution declined TO permit
.Esu the Supreme Court to pass on
:..- enacted by Congress. and ii YOU
.su. to- read the Constitution YOU will
-.r that it gives the court no such
u.acr Washington, ADAMS and JEFF
-'rs"n had strange and now anti
COATED views on that subject.
Jefferson asserted that the judi
oluN was subordinate and inferior to
rIc EoXecutiEe and to COnSrcSs--anG
m tli"se benghted days it was. He
Called attention 10 the fact that the
PRESIDENT appointed the judges. that
congress had the power to remove
'aem. also TO increase or decrease
tHs.ir number, and he argued from
|.r"~r incidents that the creator was
-ftdtcr than the created. When the
supreme Court ONerruIcd him on 4
,trtdin matter he ScOrnfuliy ignored
noir decision, and since he had back
nt him the army ana navy and all
ne executive and armed forces of the
cation, he had his own way about
IT, All of which simply proved that
ID" WAS without proper respect for
tho judiciary. and that he had very
ude ideas about the genius Of our
peculiar system of government.
Mark YOU how the nation has grown
.ucc JeffCIsou's time. ! believe that
am the first one to call attention TO
|H" undoUbteu fact ihat this pro-
-u"$S is due to the steady assumption
Of Legislative power by the courts.
~ requires no argument. We are the
Greatest nation on the earth. we are
.n the only nation in which the
'u'iiciary is supreme over the lrGisla-
.tIu and the ENecutiVc--ergo the first
.. the consequence of the last.
This is no mere accident. 1t is Of
" H said that the "framers Of The
pEISt tint hlIil6Ci wiser han then
=I"W." ! sometimes think that We
E'}" those old fellows too muci
."dit The present supremacy OF
...r courts is not due to til" inspira-
.."U Of the f0rCfathers. 1t is Il self
"".t" supremacy, and our courts have
"'1blcd the Legislative and executive
".' Hu account Of any inherent a2vant-
"-" at the start, but despite handicaps