The labor world. [volume] (Duluth, Minn.) 1896-current, 1908-07-04
POWER WITHOUT LIMIT
ARR0GATED BY COURTS
Passage From Bar to Bench Does
Not Necessarily Destroy Pre-
judices or Elections.
CHANGES IN PERSONNEL
n H.. CHANGE THE DEoIsIoN.
Under Present System One Ed,
y erly Lawyer Can Negative
Will Of Entire Nation.

! - 4 s-
y Will Of Entire Nation.
Let it be distinctly understood that
we do not for one moment impugn
the integrity Of our courts. That's
not the point. We, don't impugn the
integrity Of any one. We simply say.
that in considering the judiciary. Or
any other department of the govern
ment, we must reckon with human
nature as it is. II It. were in1macu-
late and infallable there probably
would be no need of governmental
machinery at all. j..
The fact that the Supreme Court m
the first instance, Illegally grapsed the
I power to nullify the work of the law
making branch Of the government,
shows that its members are but hu-.
man after all. The people made q
mistake in SO long acqu1escing IN
such susurpation Of power. Where the
Supreme Court got the idea to AFRO
gate to itself such supremacy Is be-
yond comprehension.
h.. Not Sonferred by Constitution.
Such power does not exist, and
tnever has existed, in any other coun-s
try. 1T is non-essential to securl- l-y.
It is not conferred by the Constitu-s#
tion, but is contrary*sto the Will OF
1.-THE convention. i Judges not only nave
Enever exercised such power in Eng
land, where there is no written con- n
stitution, but they do not exercise Il
In France Germany, Austria, Den
| mark or any other country which
hike them, has written constitution.
A more complete denial Of popular:
control OF this government could not
have been conceived than theaplaeins
Of such unreyiewable power In the,
| hands of men not elected by the peo-.
! Die and holding office for life.
! fEndanqers American Liberty.
M The vast political power now as:
| serted and exercised by the court to-
| set aside public policies after thelr;
fun Dissemination by congress can:
fnots .ea feiy#be lett In the 4 hands OF,
Inv body OF men without supervision
| or control by other authority. Il the
president errs his mandate expires In
four years and his party and himself
held accountable at the banot-box =
members Of congress err they must
taccoi1nt to their constituents. Inc
Federal Judiciary hold office Tor hfe.s
and though popular sentiment may
change the entire personnel OF the
other two great departments Of gov
ernment, a. generation must pass
away to change the Supreme Court.
| which possesses an irresponsible and
| unrestricted veto upon the action OF
the other departm ents- irresponsible
| because impeachment lis practically
impossible, and even otherwise could.
not be invoked as to erroneous de-.
cision. .
The control Of the policy Of the gov.
ernment Is thus not in the hands OF
| the people, but In the power Of q.
I small body of men not chosen by the
people and holding for life.
The Problem Stated.
The problem. stated in word, IS
| whether the government shall remain lflsl1 8
| a body composed Of three distinct and
CO. ordinate branches-the legislative.
the executive and the judicial-or be-
come a body In which all authority
shall be vested in one banch. and that
branch be made supreme.
Position Of labor.
The whole subject OF the relations
between the Judiciary and the people
was discussed at the last convention
OF the American Federation Of Labor
The sense OF that body was expressed
in. a. set OF resolutions. unanimously