The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-17
A GREAT SPEECH.
CONGRESSMAN PATTERSON OF
BARNWELL TALKS PLAINLY.

He Wants the Great Power Now Ex
ercised by Federal Judges Limitet
and Held Within Due Bounds.
, Speech of Congressman James o
Patterson, of Barnwell, in the Hous,
of Representatives, March 2, 1908.
The House being in Committee o.
the Whole House on the state of the
Union, and having under considera
tion the bill (H. R. 1S347) making
appropriations for the postal ser
vice
Mr. Patterson said:
Mr.. Chairman: The distinguished
gentlemen of this House who have in
dulged in speech making at this session
of Congress have taken very wide
range and have discussed in an able
intelligent, interesting and exhaustive
manner a great variety of subjects
embracing legislative, judicial, execu-
tive and political. 1t seems to be the
rule in general debate upon a bill
for the Member addressing the House
to speak about anything and every
thing except the subject-matter of
the pending measure, and l will not
at this time make an exception to the
rule, but will take advantage of the
time allotted me to address the House
upon two subjects contained in sep
arate bills which I have introduced
at this session of Congress. To my
mind these are very important mat
ters, and l trust that the Members
of this House will give me their at
tention and these measures that due
and careful consideration which they
deserve.
The first of these to which l ask
your attention is H. R. 1875, which
provides: THAT no judge of any
court of the United States inferior to
the Supreme c. nrt shall issue any
writ of injunction or prohibition III
anv case wherein the validity of a
law of any State Of the United States,
or the act of any officer of any such
State done, or required to be done,
in pursuance of such law, is called in
question" In view of the recent acts
of Federal judges, fresh in the minds
of the people, assuming powers never
delegated to them, this question be-
come of great interest and import
ance. Such an assumption OF power
by the judges of the United States
courts can not be too severely CRIT
icised and condemned. 1t is calcu-1
lated to bring about clash and con-
Aict between the State and Feoerai
authorities, and a check should DE
placed upon them and they snouio DC
compelled to respect the sovereign
rights of the States to enact laws ana
to enforce them, subject only to inter-
ference by Injunction of the supreme
court of the State or OF the supreme
Court of the United States.
Since the expiration of the Flfty-
ninth Congress the people of the Unit
ed States have witnessed many tnliss
tending to demonstrate the correct
ness of Jefferson's solemn declaration
at Federal judges are the "sappers
and miners" of despotism. we nave
seen Federal judges attempting 10
nullifv the laws of State by grant
ing injunctions forbidding and re.
straining the officers of the States ol
Virginia, North Carolina Ala
hama and Minnesota, VINO
are charged with the execution OF Ihe
laws of those States, to execute those
laws. unless and until the supreme
Court of the United States mas pass
cd upon their validity, thus making
State Laws enforcible only upon
condition never contemplated oy the
trainers of the Constitution OF tne
Unified States. And we have seen thls
new usurpation of authority followed
Immediately upon the sugestioh VI
tho President. who appointed the par
ticular Judges guilty OF such usu.'a-
tion that the Constitution needed 10
remodeled by executive, leglsla'i'e'
and judicial constructions, ana no.
h amendments in the proper anu
authorized manner, in order to auap'
- to the needs of the times. IN thls
wav bv the appointment to judge
ships of men who are oVerzeaious ~
nlaase their benefactor, the f:es
ident is seeking and securing "ha'
amounts to a veto upon all State leg
islation. absolutely destroying 'he
sovereignty of the State by lhoiie'-
ton. ,.;,, chou,
while the States are biting SHOWN
80 oil initiative in the matter OF leg
;s,ation for the protection OF thelr
citizens against the expressions anu
ohrses Of corporations, through lhe
i,ctrnmentality of the former atloi-
news of those same corpofa''on'
whom the President has translot, ~
cd into Judges, the initiative ol 'nF nv
Federal Government, or, rathel' u
49, president of the United States
has been correspondingly increaseuDS
means of commissions OF all h'.".s, ,
exercising legislative, executive, anu ~
iud,cial powers AL at 'hce' ~ NV NJ
sontleman from Massachusetts 'mi
Socalll said in a speech at the James
town Exposition on Constitution o's
ure are not all to be regaroeo IN