The sun., 1908-06-10
TIRED OF rHE SUPREME COURT.
An Illuminating and Significant Letter
which We Print with Pleasure.

which We Print with Pleasure.
To THE EDITOR OF The SuN-Sir: ! take
Il that The SUN is big enough and broad
enough to hear both sides OF any question
In which It In interested. and In this belief
I am addressing this communication to you
for publication. have read with much
interest your editorial in to-day's Sun and
the opinions Of eminent and distinguished
gentlemen tavoring the proposition to Ia
corporate q plank In the next Republican
platform frowning upon Federal interference
with the courts. notice that nearly II not all
the gentlemen who are opposed to what thsy
call Federal interference with the courts ara
directly or remotely identified with interests
which have been able to defy the majesty
Of the law and to do about as they pleased
when called to account by the courts.
Speaking Of the unlimited powers and great
latitude Of the Supreme Court, which Is the
creature Of the Executive and therefore not
greater than Its creator. DR.. Harvey johnson,
q well known author. observes, and I think
with great truth. that: We might point out
another source Of weakness in the nations
government. 1t 10 the Judiciary, with its
powers. discretions and privileges. which are
so great that It might appropriately be called
tho organized aristocraoy Of the country.
or government within the government. with
general Government"
At a casual glance this assertion may seem
absurd but on careful examination 1t will
be found to be too true. for In many respects
1t is an absolute power. differing very little
from an absolute monarchy, and every menu
ber is q monocrat with more or less absolute
powers and functions Of Office. And not
only so. but the Supreme Bench OF the Judi
ciary is infallible. for In the eyes and light
Of the Constitution 1t never makes mistake,
neither can its acts be retrieved. no matter
how obnoxious the people may consider them
and know them to be. And this makes the
Supreme Court of the nation superior to the
nation, for, as I have said, the nation itself
cannot call in question any decision the
court makes. The people. the whole people.
may through the Congress enact any law
they choose, and they may desire it to go
into effect ever so much after 1t is enacted,
but II the Supreme Court does not like it
the people cannot have it. no matter how
much they may want it. Now. what Is the
fact just here made plain? II is that nine
men have the constitutional right conferred
upon them to turn down the will of eighty
millions of people and they are absolutely
powerless to help themselves. And yet this
nation calls itself an independent sovereign
people But where is the sovereignty Of,
in or among the people when the people
have by constitutional enactment given it
away or conferred supremacy upon nine men
Of It's number called court?
No, there is no independence or sovereignty
with the people. for they are rrevocably tied
hand and foot by any and every act OF the
Supreme Court. and indeed SO broad and un-
limited are the powers and motions Of tho
court that 1t IL tho real law making power in
this country after all, for 1t has both the power
unlimited and unreviewable, so they can
enlarge or restrict any and every law that
Congress makes and thus make the law another
law or no law at all. and this last is done sim
ply by the use Of one phrase. and that phrase
Is This law is unconstitutional" When that
Is said all that pertained to that law, though
It contained the best brain work In the land.
all Is done for 1T is knocked out and counts
for naught. and that forever so far as the
peoples power to remedy 1t is concerned.
do not think or believe that the Repub-
lican convention soon to convene In Chicago
should 60 on record in favor OF this measure.
1t Is live wire" and can only safely be
handled by the best judicial minds in the
country. 1t conoeals more than 1t reveals.
and therefore should be avoided by poliu-
clans whose business IL to make Presidents.
JOHN EDWARD BRUCE.
Editor the Yonkers Standard.
YONKERs, N. Y, June 9.