The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-25
THE FEDERAL COURTS A POLIT.
ICAL ISSUE AGAIN?

To THE EDITOR or Tue SUS-Sir: The
next anniversary of Jefers6n's birth, which
Is now at hand. may find Congress and the
country holly debating questions regarding
the judicial power, the like of which were
uppermost when he led the Democracy OF a
century ago. The orators for the coming
occasion have already been selected by
Democratic clubs and societies in many parts
of the country. VIII they rise to the occa-
sion, it's surroundings and its political issue.
which last perchance may be the perpetuity
OF the Federallst Judiciary act OF 1908 ana
It's several amendments now In force?
We all Of us know that the Constitution
has commanded that the judicial power OF
the United States shall be vested in one SUI
preme Court and In such Inferior courts as
the Congress may from time to time ordain
and establish" Only one Supreme Court.
but az many inferior national courts as Con-
gress may create.
We all also know that the above described
judicial power" Ia. by the same Constitution,
made ito extend to all cases in law and equity
arising under this Constitution" &c, That
judicial power" IL by the same Constitution
described and distributed as Original" and
appellate" Congress cannot increase that
judicial power" nor diminish 1t. Congress-
cannot enlarge the original" jurisdiction Of
the Supreme Court nor diminish 1t. nor confer
any of that Jurisdiction on inferior courts
The Constitution also gives to the supreme
Court all the appellate" Jurisdiction which
Congress can give to any court, but Congress
can always regulate it. Although Congress
oannot NEEDLE with the Original" Jurisdlc-
ton of the Supreme Court, nor demand the
extension Of judicial power" given by the
Constitution, II can and must organize the
Supreme Court. determine its terms, methods
Of business, number OF Justices, their salaries.
as 1t can and must "ordaln and. establish
the inferior courts. their Jurisdiction ana
regulate their subserviency TO the "one"
Supreme Court.
The Federalist party made the Jefferson
party very unhappy when it attempted all
those things by the Judiciary act Of 1903 and
It's amendment of February IS. 1901. enacted
in tho month before Jefferson entered the
White House, The Federalists were bound
to exclude, If they could. all Democrats from
all the national benches, in order to secure
what Federalists considered national safety.
Hence John Marshall as Chief Justice.
Jefferson and the Democrats saw the chal-
lenge and endeavored to meet it. but in vain.
The midnight Judges" were denounced and
the new inferior courts abolished. but yet the
Federallsts retired into the judiciary as a
stronghold" there preserved their beaten
forces and there beat down and destroyed,
as Jefferson said they would. the works OF
republicanism."
After and before the Supreme Court. under
Marshall. had decided that even a law of
Congress repugnant to the Constitution must
be disregarded, that executive officers may
be compelled by the judicial power to dis
charge q ministerial duty already imposed,
and that the Supreme Court can. In the exer-
else OF its appellate Jurisdiction. review and
control certain judgments of State courts,
Jefferson wrote in his letters Of December 10.
1901, to Dickinson; of September 0, 1910, to
Roane and of December rs, 1920. to Richie,
very severe things of the court and of Mar
shall.
Are those partisan emotions in danger of
revival In our day in an effort to exclude the
judicial power from participation in railway
rate fixing when confiscation of property by
the agency Of Congress is threatened and
alleged?
Are the ballot boxes to afford the only
remedy, as intimated in 1876 in the Granger
cases?
Is the existing Judiciary act to be so
amended as to thwart the appellate power OF
the Supreme Court?
Are those things to be the next great polit-
ical issue in a Federal election struggle?
And if so, who is to be the leader against the
judicial power in the opening of the twentieth
as jefferson was in the beginning of the nine
teenth century?
Perhaps the Jeffersonian orators will make
a revelation to us a week from next Monday.
THE SECOND OF APRIL.
NEW YORK, March "a.