The labor world. [volume] (Duluth, Minn.) 1896-current, 1907-08-10
SUPREME COURT NOT
FREE FROM CRITICISM
Professor Smith of Washington
University Sets Pace for
Thinkers.
Joins With Trade Unionists in
Freedom to Criticism Court
Rulings.

WASHINGTON, D. c.; Aug. S.-All
Washington was startled at a meeting
Of the local bar association last even
ing when DR.. ]. Allen Smith Of the
Washington university spoke on the
folly Of believing in judicial infalli-
bility. Heretofore trade union advo-
Gates and radical political speakers
enjoyed the exclusive privilege of
criticising the supreme court, but DR..
Smith set a pace for college profess
sors about as follows:
practical freedom fsen@ crit1-
cfsm which the supreme court has en-
joyed until recent years does not 'tndi-
cate that its decisions have always
been such as to command the respecv
and approval Of all classes. It has
from the beginning had the full conn.
dence~o the wealthy and the conser-
vative, who have seen in it the means
Of protecting vested interests against
the assaults of democracy That the
supreme court has largely justified
their expectations is shown by the
character of its decisions.
There Is a much more numerous
and important class Of cases In when
the supreme court, while not claiming
to exercise this power has virtually
annulled laws by giving them an in
depreciation which has defeated the
purposes for which they have been
enacted.
This so-called government by in
junction IS merely an outgrowth of
the arbitrary power Of judges to in
ftct punishment in cases Of contempt.
In this respect, as we'll as in the power
to veto legislation, the authority of
our courts may be guarded as a sur
vival Of monarchy.
"The rights Of Judges to punish in
summary manner those whom they
may hold to be in contempt of their
authority has been defended by legal
writer's generally on the ground that
1t is the only way in which the neces-
sary respect for judicial authority can
be maintained
The decision affecting the powers
OF the Interstate Commerce Commits
sion may be cited as an illustration
1T Is only natural that the wealthy
and influential classes who have been
the chief benefciaries of this system
should have used all means at their
command to exalt the supreme court
and Its assumption and exercise OF
legislative authority.
ITO the influence of these classes in
our political, business and social life
must be attributed In large measure
that widespread and profound respect
for the judicial branch of our govern
ment which has thus far almost COM
pletely shielded it from public criti-
cisnl.
THAT these questions are likelv to
| receive more serious consideration in
the near future we cannot doubt. when
we reflect that the supreme court has
! by character Of its own decisions. ef-
fectively exploded the doctrine OF
judicial infallibility, which constitutes
! the only basis upon which its monon-
| oily Of constitutional Interpretation car
! be defended.
with the progress Of democracy. It
must become more and more evident
that the system which places this far
reaching power In the hands of a bodv
not amenable to popular control ia q
constant menace to liberty. 1t NAV
not only be made to serve the purpose
Of defeating reform. but may even &C.
eomplish eta%Eas tha overthrow of popula,
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