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

which would seem insurmountable.
That is the chief reason why the courts
are entitled to respect.
Suppose. Senator Bailey You pass a
law prohibiting the courts from inter
fering with it. What have YOU to fall
back on. What is to prevent any fed
eral judge from ignoring Your law?
What is to prevent any judge from de-
claring your law unconstitutional? If
the courts can declare one law Of Con-
gresS unconstitutional how do you
propose to prevent them from declar-
ing one limiting their powers, uncon-
stitutional? And what does Congress
know about what the Constitution
means, anyhow? 1t looks to me, my
dear Senator as if you were up
against it.
Now ii may be that the courts are
unconstitutional. 1 have discovered q
copy of the Constitution and thinking
that it's definition Of the powers OF
the courts may interest you, l take
the liberty of quoting it as follows:
The judicial power shall extend to
all cases in law and equity arising un-
der this Constitution, the laws of the
United States, and treaties made, or
which shall be made, under their au-
thOritY: to all cases affecting amb3S-
sadors, other public ministers, and
cOnSulS; to all cases of admiralty and
marine jurisdiction: to controversies
party; TO controversies between two
or more States, between a State and
citizens of another state, between citi-
ZenS of different States between citi-
2cnS of the same State claiming lands
under grants OF different States and
between q State, or the citizens there
of, and foreign States, citizens or sub
jectS.
I'm all cases affecting ambassadors
other public ministers and consuls,
and those in which a State shall be Il
party the Supreme Court shall have
before mentioned the Supreme Court
shall have appellate jurisdiction both
as to law and to fact, WITH SUCH
EXCEPTIONS AND UNDER SUCH
REGULATIONS AS THE CONGRESS-
SHALL MAKE"
am not much on law, Senator, but
have mastered the rudimcnts of the
English language, and it seems to
me that this discovery of mine may
help you out. Instead of insinuating,
as you do. that there are federal
judges who are not to be trusted in
passing on your railway rate bill, why
not boldly insert a clause in the bill
declaring that it is constitutional?
You viii note that the Constitution
gives the Supreme Court no power to
CVerrule Congress. but that it specifi-
cally declares that Congress may reg
ters except those affecting ambaS-
sadors other public ministers and con-
suls''
[ really believe. Senator. that this
might work. though OF course the
| judges may pay no attention to your
| Congress and veto your bill despite
this DrecautiOn. They certainly have
shown very little respect for you, and
in my opinion they are justified in
such action. You have the Constitu-
ton and the Executive back of YOU.
and if you cannot offset the dictum of
q lone and unarmed judge. Go not APP
peat to the American people for SYM
pdthy.
If you shall succeed in checking the
power of the judiciary YOU may be
responsible for placing this country
on 2 level With England. France, Ger
many. Australia and other countries in
which the courts cOnline themselves
strictly to questions of law and do not
Interfere i'll legislation | do not think
that our people are as yet intelligent
enough to dictate laws. and beg you
TO pause before YOU leave us entirely
at the mercy of the d@magOGucs. Wis
ionarieS and pcnnilcss radicals who
now dominate the Senate
Think of the menace to our great
check on laws enacted by such hot
spurs and asitators as Senators Aid
rich, Elkins, Piatt. and Clark, ] beg
you to be conservatives Senator Bailey.
FREDERICK UPHAM ADAMS.