The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1906-05-25
Supre me Tribunal Likes the
Approval Of People.
1T Is NOT SENTIMENT PROOF
The Rail- DAD Rate Measure Will
Eventually Get Before That
Distinguished. Body.
FREE PRESS BUREAU,
WASHINGTON. ID. c., Nav 81.

As usual when an important bill i:
,bout to become a law the opponents
IF the Hepburn bill are declaring it tc
De unconstitutional. This is an Ole
tory to those who have watched the
progress of the discussion of great is
.efused to pass all measures which have
peen declared unconstitutional by some
IF the most eminent attorneys it never
would have enacted a law of import
tnce Among the bills which have been
ieclared unconstitutional both in the
senate and in the house is the protec-
1--WE tariff. Free trade advocates have
illed volumes of The Congressional
record with arguments to prove that a
protective tariff law is unconstitutional
Senator Foraker carried his opposi-
ion to the Hepburn bill so far that he
efused to vote for it. In doing this he
lot only placed himself in opposition to
/, republican president but to the re-
publican leaders in the house and SEN
tie. Early in the session Senator For
tker insisted that the Hepburn bill as
advocated by the president was not a
arty doctrine. He argued that by de-
handing the passage of the bill the .pres-
lent would disrupt ms party and that
II good republicans should unite in
opposition to the measure: He was
hen urging party loyalty to defeat the
Hepburn bill but when it came up for
,assage Senator Foraker defed his par
obligations and voted against the bill.
Us far as railway rate legislation is
oncerned Senator Foraker read himself
nut of the republican party when he re-
used to vote for the Hepburn bill.
1t is true. that Senators Knox and
;pooner and as far as that is Concerned
senator Bailey, the democratic leader,
Omitted that it is possible that the
upreme court may declare the law un
institutional In the enactment of the
Hepburn bill congress is exploring a
lew field. 1t is going further i'll confer
ing legislative powers upon a commits
ion than it has in its previous acts.
But the friends of the Hepburn bill
INSIST that it was the duty of congress
make an effort along these lines. No
reat harm could come out of the enact
lent of even an unconstitutional law
response to such a universal demand
rom the people.
But close observers of the policy of
he supreme court are confident that
he Hepburn bill will be upheld The
upreme court is not insensible to pub
ic sentiment Time after time when the
supreme court has apparently been con-
'inced that a law was supported by
,trong public sentiment it has rendered
'ecisions which were contrary to the
,pinions of the constitutional lawyers
)uring the hearing of the Great North
IN Northern Pacific merger case almost
very constitutional lawyer of promi-
renee was predicting that the govern
nent would not win. And after the de-
'ision was rendered some of the ablest
attorneys in the country did not hest
ate to declare that the decision was
evolutionary in its character.
But the supreme court seem to feel
he quake of public sentiment. With
I'll of its conservatism the supreme
curt is sort of a seismograph of pub
ic opinion. 1t does not feel very lit
lie gust of public sentiment that blows
tut when the American people quake
he supreme court generally makes a
orrect record of the trend of public
eminent. The supreme court has gen
rally found the constitution to be elias
ic enough to respond to the universal
,emand of the American people.
After the rendition of the ferger de-
ision one of the supreme court judges
ladvertantly made remark which
bowed that he was not adverse to be-
ng on the popular side of question.
\ member of congress was compliment
ng him upon the position taken by the
upreme court in rendering its decision
when the Judge inquired: ''Do you not
hink that the decision was a popular
,ne?o From what | read in the papers
t seems to have met with universal
pproval."
When assured that it was one of
he most popular decisions that has ever
,een handed down by the court the
Justice appeared to be as well pleased
IS any public man when he is Informed
hat he is in harmony with the SIN
ment of his constituents.
Of course, the members of the su-
rene court do not admit even to them
selves that they are influenced by popu-