The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1907-08-29
THE COURTS
NOT FREE
From Honest Criticism Says
Prominent Educator.
Sets Pace for Thinkers and Joins
With Trade Unions in Claim
ing FREEDOM to Criticise.

All Washington was startled at
Il recent meeting of the local bar as
ISOLATION when DR.. j. Allen Smith
of the Washington University
spoke on the folly of believing in
judicial infallibility. Heretofore
trade union advocates and radical
political speakers enjoyed the OK
elusive privilege of critizing the
supreme court, but DIR. Smith set
pace for college professors about
as follows:
''This practical freedom from
criticism which the supreme court
has enjoyed until recent years does
not Indicate that its decisions have
Away been such as to command
the respect and approval of all
classes. 1t has from the beginning
had the full confidence of the
wealthy and the conservative, who
have seen in it the means Of pro-
tecting vested interests against the
assaults of democracy. That the
supreme court has largely justified
their expectations is shown BY the
character Of its decisions.
"Thcre is Il much more numerous
and important class of cases in
which the supreme court, while
not claiming to exercise this pow
er, has virtually annullcd laws bv
giving them an Interpretation
which has defeated the purposes
for which they have been enacted.
''This So-called government by
injunction is merely an outgrowth
OF the arbitrary power Of Judges to
inilict punishment in cases of con-
tempt. In this respect, as well as
III the power to veto legislation.
The authority Of our courts NAV be
guarded as survival of monarchy.
''The right Of judges to punish
III summary manner those whom
they may hold to be in CONTEMPT
OF their authority has been do
Tended by legal writer's generally
on the ground that it is the only
way in which the necessary respect
Tor Judicial authority can be main
tanned.
"The decision affecting the DOW
crs of the Interstate Commerce
Commission may be cited as an
III iS u tllOI.
8 1t is only natural that the
wealthy and influential classes
who have been the chief bcne-
ficiaries of this system should have
used all the means at their com
mand to cXalt the supreme court
and its assumption and exercise of
authority.
'HIO thn juHuppca Of tb,,,, <.I,..,..-
in our political, business and
social life must be attributed in
large measure that Widespread and
profound respect for the judicial
branch of our government which
has thus far almost completely
shielded it from public criticism.
That these questions are likely
TO receive more serious consider
atlon IN the near future we cannot
doubt, when we reflect that the
supreme court has by character of
its own decisions, effectively ex
ploded the doctrine of judicial in
falllblllty, which constitutes the
only basis upon which its mouop-
oily of constitutional Interpretation
can be defended.
-" 18th the progress of democ-
racy, it must become more and
more evident that the system
which places this ar-rc;lching
power in the hands of IL body not
to popular control is a
constant menace to liberty. 1t
may not only be made to serve the
purpose of defeating reform. but
may even accomplish the over
throw of popular rights