Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1906-07-02
CRITICIzING COURTS
WAS The CAMPAIGN OF 1896 ONLY
A dream?
The Criticism of Judge Humphrey by
President Roosevelt q SCathina
DenunCiatiOn of MiSCarriaae of
Justice. Democratic Court Crifi.
CiSmS Were Mild in Comparison.


In 1896 the democratic national con.
vention adopted a platform. one OF the
planks of which follows: "But for this
decision by the supreme court (the ad
verse decision on the income tax there
would be no deficit in the revenue under
the law passed 10y Il democratic congress
in strict pursuance Of the uniform decis-
ions OF that court for nearly one hundred
years, that court having in that decision
sustained constitutional objections TO its
enactment which had previously been
overruled by the ablest judges who bad
ever sat on that bench. We declare that
it is the duty of congress to use all con.
stitutional power which remains after
that decision, or which may come from
its reversal by the court as it may here.
after be constituted, SO that the burdens
of taxation may be equally and impair.
TALLY laid, to the end that tn may
bear its due proportion OF the expenses
of the government"
That plank was denounced by republi-
can editors and republican orators, and
democrats were called "anarchists' be.
cause they presumed to "criticise the
courts y
The editorial remarks OF the New York
Tribune, made after the election of 1896,
were fairly representative of the tone
employed by republicans generally in
the treatment of the Chicago platform.
and particularly that plank above quoted
The Tribune said that the democratic
movement of 1896 was ga malicious con-
spiracy against the honor and integrity
OF the nation," and added:
Its nominal head was worthy of the
cause. Nominal, because the wretched,
rattle pated boy, posing in vapid vanity
and mouthing resounding rottenness,
was not the real leader Of that league OF
hell. He was only puppet in the
blood.imbrued hands OF -, the anarch.
ist, and , the revolutionist, and
other desperadoes OF that stripe. But he
was a willing puppet, Bryan was, willing
and eager. Not one of his masters was
more apt than he at lies and forgeries
and blasphemies and all the nameless
iniquities OF that campaign against the
Ten Commandments. He goes down
with the cause, and must abide with it
in the history of infamy. He had less
provocation than Benedict Arnold, less
intellectual force than Aaron Burr, less
manliness and courage than Jefferson
Davis. He was the rival OF them all in
deliberate wckedness and treason to the
republic. His name belongs with theirs,
neither the most brilliant nor the most
hateful in the list. Good riddance to it
all, to conspiracy and conspirators, and
to the foul menace of reputation and
anarchy against the honor and the life OF
the republic"
On April IS, 1906. Theodore Roosevelt.
elected to the presidency of the United
States as republican, sent to congress
special message dealing particularly with
Humphrey in the beef trust case. Mr..
Roosevelt referred to the judgment in
the beef trust case as "a miscarriage OF
Justice" Mr.. Roosevelt also said, II can
hardly believe that the rule Of Judge
Humphry will be followed by other
judges" Referring to the tendency of
the times, Mr.. Roosevelt said: "The
danger nowadays is. not that innocent
men will be convicted OF crime, but that
the guilty man will go scott free. This
is especially the case where the crime is
one of greed and cunning perpetuated by
a man OF wealth in the course OF those
business operations where the code OF
conduct is at variance not merely with
the code OF humanity and morality, but
with the code established in the law of
the land" Referring to Judge Humph-
rey's decision, Mr.. Roosevelt said: "Such
Interpretation of the law comes measur.
ably near making the law a farce"
The plank in the democractc national
platform OF 1896 for the adoption OF
which democrats were denounced as
anarchists is decidedly tame in compal-
son with the language ueed by the presi-
dent, elected as republican, in comment
ing upon the decision in the beef trust
case.
In 1896 democrats pointed in mild
way to the fact that the courts decision
in the income tax case was out OF har.
mony with the uniform decisions for
nearly one hundred years, and expressed
the hope, by implication. that the court |
as hereinafter constituted might reverse
the decision. But Mr.. Roosevelt was
not at all mild in his arraignment Of