Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1907-08-28

black sheep, and some of them persist
In keeping their representatives Of cor
porations and trusts where they can do
the most harm.
Judicial Law Making.
The Supreme Court Of the United
States consists Of nine Justices. Three
of these-Holmes, Day and Moody, are
appointees Of President Roosevelt. Two
others-Fuller and Harlan, are over "a
years old, and may retire on full pay
whenever they SO desire. If they should
retire or die before March, 1909, Pres
ident Roosevelt would fill the vacancies
with men who construe the constitution
as he does. This would give the Roose-
veltism a majority on the Court, and
Rooseveltism would thus secure firm
lodgment on our law without the for
mality of another Presidential election.
If Taft and Bonaparte were added to
Holmes, Day and Moody, change in
the Executive Department, or In Con-
gress, would have very little perma-
nent practical effect. 1t is to be hoped
that Chief Justice Fuller and Justice
Harlan will not retire until another
President has been chosen. In view Of
the Presidents theory of enlarglng his
powers through judicial Interpretation
of the Constitution, this matter of the
personnel of the Supreme Court is ex-
ceedingly important. This point is well
Illustrated by writer in Leslie's Week.
ly, who says:
Jefferson often complained that
while his party was overwhelmingly
dominant in each branch of Congress
and in the Presidency, the Federalists
continued to hold sway in the Supreme
Court, and frequently vetoed the work
of President and Congress. Chief JUS
tice Marshall, a pronounced Federallst,
and the great and UNNECESSARILY the
most powerful of the country jurists,
was put on the bench by John Adams
after his own defeat by Jefferson, and
he remained there for thirty four years,
until near the end Of Jackson's sery-
ice.
oSou oPl'oihtSu Aahey "
succeed marshall ne thought the court
would soon swing back from the strong
Capitalization ground on which 1t had
peen placed to the state soyelgnty side,
but he was mistaken. Marshall's long
line of decisions on important points
Of constitutional Interpretation had by
that time established traditions and
precedents which in large degree
have swayed the court 10 thjs dav
"Taney and his Democratic asso.
ciates did, indeed, in the bred Scott,
the habeas corpus. and other instances,
lean toward the State rights doctrine
to an extent which impelled Lincoln
to put strong central government men
on the bench just as fast as vacancies
were, created, and the court got into
Republican hands in Grants days as
President. Grant was accused 81
packing" the Supreme Court III, the
interest of the constitutionality Of the
greenbacks. The court, then for the
first time Republican, decided in the
way that Grant wanted ii to decide on
that important issue.
"The chances are that Mr., Roosevelt
will be able to talk through the su.
preme Court Of the immediate future
even more frequently and more potent
~ than Federalism talked through
Adams appointment Of John Marshall,
--------
Republicans and Corporation Lob.
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Even lresiueht aooseveits TUE TO
Tue presioency Is ciouoeu ny athe Lie