Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1906-08-10
WHITTIER ARE WE DRIFTING?
Some Blunt Facts Stated With Force and Ex-
actness.

YELM, WASH, Aug. 7, 1906.
ED. STANDARD:
l have been reading little OF late
and the more l read the more firmly
became convinced that we have most
everything else but a popular form Of
government. 1t is singular that peo-
pie who boast 80 much OF their intelli-
geuce will allow themselves to be
humbugged as they have been BY po-
litical cussedness. Take for instance
our Supreme Courts. For years they
have usurped the powers of Congress
and our legislatures. While there is
no authority in the Constitution en-
towering the Supreme Court to annul
an act OF Congress, it has done it re.
peatedly, which is an assumption of
power not exercised by any other civil
LIED government.
A mere complete denial of popular
control OF the government could not
have been conceived than the placing
OF such power in the hands of men
not elected by the people and holding
office for life. The idea of placing SO
much power in the hands of nine men
is absurdly ridiculous and never was
intended. That their decisions are
mere matters OF opinion are easily
discerned by the following among
many others. Take, for instance. the
Legal Tender act. The financial pol.
icy OF the government was invalidated
by one court and validated by another
after change in its personnel. The
income tax, which had been held con-
stitutional by the court for hundred
years, was again SO held, and then by
a sudden change Of vote, by one Judge,
it was held unconstitutional, nullified
and set at naught, though it had
passed by a nearly unanimous vote
both houses OF Congress, containing
many lawyers who were the equals if
not the superiors of the vacillating
Judge, and had been approved by the
President and voiced by the will of
the people, and thus one hundred mil.
lions OF dollars and more OF ANNUAL
taxation was transferred from those
most able to bear it and placed upon
the backs of those who already carried
more than their share of the burdens
OF government. In this case one man
nullfied the action of Congress aud
the President and the will of seventy.
five millions OF people, and in the thir-
teen years since has taxed the property
and labor of the country, by his sole
vote 81 200, 900, 900, which Congress
had decreed should be paid out of the
excessive incomes of the rich. Now if
our Supreme Court can amend the
acts of Congress in the cases cited,
what is to hinder them from doing the
same in any case and thereby thwart-
ing the public will? We have seen
the same thing in our State Supreme
Court. the Exemption law for instance.
A five hundred dollar exemption law
was unconstitutional, but three hun.
dred dollar exemption was not. econ
sistency thou art Jewell" This case
ia still fresh in the minds of the people
Of our State. Now l ask in the name
of common sense, What is the use Of
paying 100000 for the expense of our
A<OS O'SiJ WV yCoto uhu tuCu
paying Supreme Court $4,000 a
year to annul their acts? Another
question l would like to have an
swered: What use has the State of
Washington for seven Supreme Judges
when the State of New York has only
seven, with twenty times the business,
unless it be to give some political favor
tie lat job? 1t is all right to have
courts to adjust difficulties and dis
pense justice, but that is as far as they
ought to be allowed to so. The popu-
lar will should be the court of last
resort and not the Supreme Court OF
any nation or State.
Don't talk to me about popular
and democratic form of government
" hen Supreme Court of nation or
State is allowed to annul an act OF
Congress or the Legislature. 1t smacks
too much OF despotism.
Respectfully submitted for the
thoughtful consideration OF the good.
law abiding citizen. J. c. Coo.