The Boise citizen. (Boise, Idaho) 1906-1910, 1908-04-10
SCORES SUPREME COURT
OREGON!AN SHOWS CONSTITUTION is Being
AMENDED BY BENCH Of JUDGES


Supreme Oegonan voices the
uent of every true American The Oregonian SAYS:
Discussing the late decision of the Federal Supreme Court against
the Minnesota law the indianapolis News takes hopeful
view of the than other papers do In its opinion the
fundamental right of the regulate involved
Not the of decision certainly yet what of
the right except shadowy claim which be eectuay
cised? On the ground that conscator law
always be dragged into the Federal Courts Recent history leads
expect that the officers will be enjoned from executing the
law without inquiry the question whether consca
tory and thus virtually perhes though its dseboded spec
may still SURVIVE The charge that laws conscatoy
amply sufficient procure their annulmen without inquiry
facts
vice which is still more deadly
The gist charge NEEDLES with
1t is of oubeedged which strikes
both backward forward Federal annued by
the ground that they Interfere with commerce. and
laws the ground that they interfere with ntrastae
Nothing could lovely corporations which desire
cape from all control In the of the National employers liability
proved quite potent against Federal legislation has
against laws There nothing like having agood solid DID, rock
with favorable tonterpre Therodyrb
undergo surprising distortions but long they do break
cate ourselves having the conservative
in the world To change the Constitution by legislation of
formal amendment dangerously radical but change by the
metaphysical ingenuity Of bench of judges the safest and
thing world particularly all the changes look the direction
Of increasing the privileges of property and destroying protection to
life and liberty
The News seems to perceive the aburdity
into court Indeed claim required little mpudence
make for there railroad actually stood testing the val
dy of the law which its attorneys gravey argued could not be
the preferred ignore this somewhat intrusive
decide the upon purely suppoous treat
ment The State OF Minnesota had made it rather
dangerous the railroad the validity OF the law by break
ing The chose hold that this rendered test of
sort impossible made the law unconstitutional 1t would be
difficult imagine beautiful illustration of the tendency which
manifest all dismiss reality OF
and govern the country by abstract speculation
The most striking metaphysical ubtlety which the Supreme Court
enpoved in the Minnesota eboray drawn distinction
between the the officers of the ought to be
mastered possible by everybody because is destined to play
great role future history. 1t of the type the dis
cton between soul and body of the being the soul
and its the body. 1t applies also to corporations The
corporation spiritual intangible entity embodied to be sure IN Its
by identical with them OF course the state can
only be reached through officers For all practical purposes
command officers command to the state When Its OIL
GERS are enioned doing any the enoned
where except in the realm of Hegean metaphysics for lives and
has being its officers Remove them and the state
becomes dormant being to all nnts extinct until
chosen Para1yze them and the state is paralyzed.
Now the eleventh amendment to the United States Constitution
we are discussing was an law, and direct
Immediately against the AorneyGenera OF Minnesota IN his
capacity Its whole aim to convict the state OF wrong
doing in passing conscator legislation If suit against
state what under t And yet the Supreme Court
decides merely against the officers OF the state and not
against the itself and from every puocrac newspaper IN the
country there has cnnaton of JOY behold how
has been to eleventh amendment The court makes as
deed why should not? Supreme Court absolutely at liberty
to make over Constitution any shape chooses There IS
nothing world prevent States now be sued on the
ace pretense that it only their officers who are affected II
forbidden do thing by the courts It may DC
commanded to thing Thus the may be ordered to
lew taxes to pay repudated debts for other purpose
OF course order be directed the state ITSELF Dut
TO its officers but that precauon easy enough observe nnova-
tons and surpations must Judged by their immediate pr
pose surface effects but by their consequences IN the long
nenc of history considered there be the slightest
doubt that of the Supreme Court the Minnesota rate
destroys the autonomy Of the states altogether and puts them
entirely at the mercy of the Federal Judiciary.