Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1908-05-29
Too Wan, Judges.

Iltr. t. Il viii before Congress
which Las been Reported favorab'y
hy tie Senate Judiciary Committee.
t!.a- provides three Federal Judges
sha. required to hold court and
concur In "a decision SuSpcndinu the
op,rat.on If a STATE law. with a
r..ht Of Immediate appeal to the
i-.itrd states NIprcmr Court. Thus
l.. observe that >taid old and con-
>...l.'.Nr T.. :. Senators have noted
r.u.tiu-S Of discomfort with r.
gard tu H." invasion of State and
}tl~D.a. rights on the part OF Fed
.... judges. WHO in many instances
usr tLr.r positions hy reason Of their
tij.-tl 10 corporate and lnunopo,i>-
tl,. interests. This may only be- the
n.1lnI.ug Of the further abridrurnt
- tire puvrl. Of the Federal Judici-
AIRY.
When our furctathrrS framed the
j'uitpd States Constitution. they
supposed that il might happen from
local considerations. State Judges
might hr prciudiccd against certain
nonresident parties or interests.
and concluded To provide for such
prisons and interests an independent
tribunal to which they might resort.
The establishment of the Federal
Judiciary composed largely of cor
poratior attorneys has too plainly
shown Il desire to arrogate to itself
powers detrimental to the interests
of individual States and the liberties
Of our citizens. Instead of the State
courts being partisan and biased in
favor OF local interests, it is found
the partiSanShip is on the other side:
that the t. ). Judges look upon con-
trovcrSicS from the trust or corpor-
alton standpoint, and the people.
North and South. are clamoring
that Il halt be called. Learned law
ycrS are contending that when the
L. :. Constitution was framed. it
was never suggested that the SUI
prcmc Court could legally declare an
act of Congress Unconstitutional:
that this power was usurped by the
court without scintilla of constitu-
tional right.
OF course Congress has established
the lower Federal Courts. clothing
them with certain jurisdiction and
powers. as authorized bv the funda-
mental law. This law-makinc BODY.
if it felt SO disposed. could constitu,
tionally pass laws restricting TO tn,
narrowcst limits the powers of thcs,
inferior courts. and there is a grave
question whether il may not hccom,
advisable to deprive these inferior
courts of all jurisdiction pertaining
to the interests of public servic,
corporations and the local affairs OF
individual States: that controversies,
to 'ha t.;ad n,,d s;f,ad o'I, ~
Stotn cn,r.. an1 tha,, t.I.n, 80 ,h' '
T. : Swnrono Cn,'nt ~, ." nm,,aoi - '"'
tno,bar nuoct;nr ,,a "fi ;.s,1
to tLo fora,,,.ln,J :, - :. +. t,.,,,
tbot , law ,,oSSnj NV. 1au. ,ool.;r y,
hnd, is nnt lan. ,,,!+u sa "H ,,''1'i ~ :
the conr,S vbw mot iot ,ho ;''d;D;o,s
a. tho l.a;sIat;,lr o nrd , tnr,mn a;u ~,
ono and ,hn snr7n ''' .;ma w. Tr Ua1S T.
his nniicv wo"id do ~" auar mi,h 3D.,
eynopSaS Of CongresScs and Ioa;S re,
J.. ,r',l>' al 1871 . 800; ;.N oe i
.ha noo,Ia l-mon, 49, lr ~ :" H.. 'i".
sta,,d P. o,id ,hMs ,.d III ~" "Hr. . inu
IN Srsnnnse rho ~oo,,io .l IL H. '" nn
t;nn oro GOOD nat,rod dp 40 !; ,Ia ' od ~"
nIo;r;rr hn+ ara 49, r ~~ ~, ;,,s, V ,'n
70 rnSt Tho ,,ou.or az ro,a' S J"S ~ !,
10 Lards IS n.;so 49, ;,'''' ~ :.
t Tnon " tho In.o ,ioii &c II Ill., 'T h;s,
tr;h,,roI tboro ;s - &c., - ,nu n' g
hnlor;n1, thot .hor :" fum aua i'~ 'aoh ~
reform - tho anor th - r,o,. nv ICY ~. y
If tba oovernmdnt aI n,. ' q" 1"' "'
% '''' s'l g 80. ~ "'lll"'