The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1908-07-16

lstl ~ ~
that We do not for one moment
impugu the integrity of our courts.
That's not the point. We don't
impuga the integrity of any one.
We simply say, that in consider
ing the judiciary, or any other de-
partmcnt Of the government, we
must reckon with human nature
rs it is. If it were Immaculate and
infallable there probably would be
no need Of governmental ma
chinery at all, says the Labor
World.
The fact that the Supreme Court
in the first instance, illegally
graspcd the power to nullify the
work OF the lawmaking branch of
the government, shows that it's
members are but human after all.
The people made a mistake in so
long acqniescing in such usurpa-
ton Of power. Where the Su.
premc Court got the idea to AFRO
gate to itself such supremacy is
beyond comprehension.
Such power does not exist, and
never has existed, in any other
country. 1t is non-essental to
security. 1t is not conferred by
the Constitution, but is contrary
to the will Of the convention.
Judges not only have never ex-
erciscd such power in England,
where there is no written consti-
tuition, but they do not exercise it
in France, Germany, Austria,
Denmark or any other country
which, like them, has a written
constitution.
a more complete denial of pop
Ular control of this government
could not have been conceived
than the placing Of such unreview-
able power in the hands of men
not elected by the people and hold
ing office for life.
The vast political power now as
serted and exercised by the court,
to set aside public policies after
their full determination by con-
greSs can not safely be left in the
hands Of any body OF men with
out supervision OF control by other
authority. If the president errs
ms mandate expires in four years
and his party and himself held
accountable at the ballot-box. If
members of congress err they must
account to their constituents. The
Federal Judiciary hold office for
HE and though popular senti-
ment may change the entire per-
>onncl Of the other two great de-
partmentS of government, a gener-
auoh must pass away to change
the supreme Court, which pos,
SrSScS an irresponsible and un-
restricted veto upon the action OF
the other Observation-Disclosures
>IoIe because Impeachment is prac-
tir'iiy impossible. and even other
wise could not be invoked as tC
erroneous decision.
The control of the policy of the
s"'ernment is thus not i'll the
hands OF the people, but in the
power of a small body Of men not
chaSen by the people and holding
tol life.
HE problem, stated in word
Is whether the government shal
remain a body composed of thre'
"i~,inct and coordinate branche!
'h~ legislative, the executive ant
'H' ludicial-or become a body il
winch all authority shall be vest
eel g" one branch, and that brancl
'"' made supreme.
'Nc whole subject of the re
gtioNS between the judiciary AM
"a" people was discussed at the las
1'"'"ntion of the American Fed
"lalon of Labor. The sense {
mat body was expressed in a sc
"' resolutions, unanimously adopt
','. as follows:
:sesolved. That it is the sent
i.ent of the 9th convention of til
,-1Hr1cau Federation of Labc
i4t ali judges, be elected by tt
"'"pie of their respective distric
. states, and that no judge sha
.' "-"cted for a longer term tina
.""F Years. with the privilege {
"r'lg reelected from time to tin
.i@ peopl" so desire.
..e>olved, That it is the opinic
NE American Federation
-'"or that our laws should be
-.4euCicd that no Federal court
jurisdiction than the Supren