The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1908-03-19

fore March 4, 1909, there is a pro-
liability of our having seven Roosevelt
judges on the Supreme Court bench,
we may by that time have in office
for life seventeen of the twenty-nine
circuit court judges and forty-seven
of the eighty district court judges.
If Mr.. Roosevelt should be re-elect-
ed, as many Of our Republican friends
anticipate, we should probably have
ON the bench by 1913, as Roosevelt
appointees. twenty of the twenty
nine circuit court judges and fifty
nine of the eighty district court
judges. If this should happen the
hands of Congress and Of every State
legislature would surely be tied hard
and fast by judicial usurpation. Will
the people of the Union submit to
this? Will we, as the representatives
Of the people of the States, submit to
it? l think not. know that it ought
not to be submitted to. We have the
power to abolish theseinferior Federal
courts. Cujus est instituere ejus est
abrogare. Shall we be dominated,
abused, insulted, racked, and ruined
by our creatures, or shall we put an
end to their insolence and their usur-
pations by following the precedent
established in 1902? In principle it
is our right to abolish these inferior
courts.
AS to the question of expediency, it
lies wholly within our legislative dis
cretion to continue them under proper
restrictions of jurisdiction and pow
ers, or to discontinue them and pro-
vide different system, to be ad-
ministered by new appointees, whose
antecedents prove that they respect
the ''inestimablei constitution juries'
and are not disposed to exercise usur-
ped power in order to nullify the
laws of the States and the constitu.
tional rights of citizens by means Of
writs of Injunction or prohibition or
by punishments inflicted for con-
structive contempts of court. To this
end favor the complete reorganiza-
ton of the Federal judiciary, and
shall, in all probability, introduce a
bill for that purpose, unless the evils
of the present system can be remedl-
ed by milder means.
The other bill I have reference to
! is H. R. 1882, which amends the act
of 1887 as to removal of causes from
the State courts to the United States
courts and fixes the sum or value in
volved in any suit of which the cir
cult courts of the United States have
original cognizance, concurrent with
the courts of the several States, at
! $50, 900 instead of $4,000 as now pro-
vided by said act.
For further good and sufficient re-
asons why this bill should become a
law I will state what you all know,
what has been shown in the expert
ence of every practicing lawyer in
this country, that the Federal courts
are held by the people of the coun-
try in more awe than the State courts;
they are not looked upon with favor
or regarded with the same degree OF
confidence as State courts; they are
far removed from the people and
frequently are presided over by
judges appointed by the President
from other and distant States from
that in which they preside; they are
personally unknown to the people,
and regret to say that the know
ledge or information the people have
gathered concerning some of these
Judges is not reassuring and not cal
culated to inspire confidence, respect,
or esteem. [Applause.]
The people value more highly than
any other the right of trial by jury.
That right is, often ruthlessly swept
aside by a Federal Judge in charging
"a jury upon the, facts or in instruct
| ing verdict. For these and many
other reasons the people and litigants
generally throughout the rural dis
tricts are restless and dissatisfied
under the present judicial system OF
the United States and look upon the
Federal courts, as no~ established,
as foreign tribunals, whose presiding
officers are not in touch or sympathy
with the masses of the people and
who are altogether ignorant of the
character, habits, and customs OF the
people over whom they WELD judicial
authority after the manner of a
tyrant of the sixteenth century; un.
der this system equity, justice, and
mercy are oftentimes most consplcu-
GUS by their absence. Applause on
the Democratic side.
Country Correspondence.
Clarence Hughes and his little sis
tors Eva and Mata. visited their