The Butler weekly times. (Butler, Mo.) 1881-1918, 1908-07-16

al sphere the Federal government is the
most beneticent and glorious govern
The fathers builded even more wisely
than they knew. Upon this generation
and those TO follow, is imposed the
solemn obligation of preserving our in
stitutions, not only in empty form but
m substantial essence, as we inherited
them 1t may be and doubtless Is true
that In the progress of our phenomenal
development II may become necessary from
time to time to make some change In
some particular In the fundamental law.
1t may become necessary to enlarge the
power Of the Federal government In
some directions. as II may also become
always, and at all times and under all
circumstances, the constitution must stand
as the ark Of the covenant. 1 know or
but one lawful way Of changing the con-
out In the constitution itself. Whenever
an assault Is made upon the constitu-
ton. or serious and threatening pro-
posal advanced to change the constitu-
constitutional method of administering
Il, the people should be aroused to re-
sist 1t. In this campaign the republicans
put forward a candidate for the presi.
regime, who Is committed and pledged to
all the things Roosevelt espouses. or all
the hysterical fads Of Roosevelt, his adj
vocacy Of the right and policy of the
executive action and judicial construc-
ton, powers belonging to the states
whenever those In authority deem It ad-
vtsable to do 30, Is the most dangerous
the people. then they should wave ban:
ners and shout hosannas to Taft; but II
II be otherwise. then they should set
their faces strongly against these threat
Ss c a Sna
nation, to stand as one man and make
stalwart defense Of our dual govern
ment.
which have quoted. he speaks OF vest
ing power In the national government
by CONSTRUCTION" CONSTRUCTION OF
what? The constitution, of course. Does
he mean that the rules Of constitutional
gencies may require to serve the purposes
OF the executive department? What
other meaning can possibly be given to
his utterance? But that, in turn sig
nifies that the Supreme Court is to be
packed by presidents who seek to ad-
vance these ends. In the speech OF SEN
ator Dryden, from which / have also
quoted. appears this significant deliver
ance:
'In the next presidential term four
Justices of the United States Supreme
Court will have a right to retire. and
II Is of the greatest importance to
the country that the right KIND or
president should nominate their sue
cessors."
What kind Of justices Of the Supreme
Court does this multi-millionaire presi-
dent OF the Prudential Life Insurance
Company want appointed?
My fellow citizens, / have profound
respect for the Supreme Court OF the
SasS sia nssna os the % %Srd N and
though on rare occasions some or us
justices have apparently yielded to the
vice of political influence. as whole II
has undoubtedly stood as bulwark In
situations. But II once the policy Is en-
tered upon of presidents appointing justices
of that high court with a view to alter.
ing N any op of
items of the constitution. would soon
lose all respect for 1t, as you would.
Put all these things together. and they
could be multiplied dd ndusenni, and
answer II you do not see here tend
ency which common sense and patriot
ism alike demand should be peremptor-
lily checked
FEDERAL INJUNCTIONS.
While on the subject OF courts, and as
the abuse of judicial process by some OF |
the Federal tribunals As a rule l be- |
lieve that judges Of the inferior courts Of !
the United States are men of liberal |
Sey Sna high stss WITH and
scicntious regard to both public and |
private right. But undoubtedly some Of |
these Judges conduct themselves offici- |
to the Judiciary. They are too often Oft su.
ss.s - a iEsss
judges of the writ of Injunction has be.
come the subject Of almost universal
complaint 1t Is said that that sec syaIley
this writ without great provocation, and
on an ex parte hearing, against work.
ingmen, and used it with drastic energy.
1t is frequently. used In that way to
break the backbone Of labor strike. |
but, what is Of even greater conse.. |
quence, 1t Is often used to set aside and
nullify the solemnly enacted statues OF
sovereign states. Undoubtedly, to my
outrageously misused. ! heartily agree
that the authority of the courts should
be upheld, and l would not be too quick
in trenching upon their jurisdiction. Per-
sonal and property rights must be pro-
tectcd against riotous or unlawful intru-
sion of any kind, and not even state
or the nation should be permitted to ex-
act from a citizen property or. service
hand, i do not believe that the liberty Of
action Of a citizen or a body Of citizens
should be arrested, or the law of a state
practically set aside, without hearing
roads petitioned Federal Judge to en-,
join the enforcement of the MISSOURI
statute establishing two-cent passenger
rate, the Judge said to the counsel:
Gentlemen, the solemn -enactments
of the State OF Missouri are entitled
to some consideration, and VIII not
enjoin the enforcement of this state
law, restraining the officers of the
sovereign state Of Missouri. / Will al
low 1t to be in operation for some
time and see II 1t confiscates your
property, as you say"
Those were wise words, wisely spoken.
It was a correct rule Judge Mcpherson
enunciated, although / am told It Is
rule he more often honors In the breach
than the observance. What Is the rem
edy? One thing at least should Ia ,a be done lone
provide for notice and q hearing before an
Injunction can issue. By the act Of 1871
II was provided that notice should be
given b.. Federal judges before the is
or Injunction. That remained the law OF
the land for seventy-nine years. In 1S,2
the provision requiring notice before the
issuing Of an Injunction was dropped
claim, designedly as others claim. The
rule requiring notice worked satisfactor
lily for more than three quarters OF
century. 1t IL right rule and ought 70
be restored to the statutes; Thousands
of men, both republicans and democrats.
among them many eminent officials Of
the states, have been demanding the re.
storation Of this rule, but somehow and
In some way there has always been
powerful, insinuating influence creeping
around the halls Of Congress and about
the precincts Of the White House potent
enough to block all legislation on the
subject. In the current Republican TAFT
platform / find this declaration:
I'VE believe that the rules Of pro-
cedure In the Federal. courts, with
respect to the issuance Of the writ
of Injunction, should be more .ac-
curately defined by statute, and that no
Injunction or temporary restraining
order should be issued without notice.
except where irreparable injury would
result from delay, In which case Q
speedy hearing thereafter should be
granted"