The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-26

action Of the state Judge or court is
simple and expeditions.
He can be made to fail Of reelection
or disappointment. and quick review
can be had in the appellate courts But
IN the whole. history Of the United
where impeachment Of Federal judges
was sought, the proceedings have re-
suited in failure except in two In the
at the time and no real defense was
interposed, and In the other the judge
abandoned his office. swore allegiance
to the Confederate government, and
made no defense in the impeachment
proceedings.
That Judges have made mistakes
from the very beginning Of our juris-
prudence is attested by volumes of re-
ported cases appealed fromf judicial de-
cisions. The Federal judges have. up
on the average, always been men of
reconstruction period--that dark night
in the history of our country when the
government and its agencies CONSTITUTE
ed a very saturnalia of crime. forced
upon helpless people. In not few
instances have the Federal courts
checked unauthorized executive action,
and In other instances Justly declared
would not II / could, do anything to
lessen the respect that the people have
and ought to have for the courts of
our land.
Speaking for myself, somehow or 9TH
er ! experience deeper sense of the
majesty OF the power and blessing of
civil government whenever ! am In the
presence of a court than do In leg
islative hall, or In the presence OF q
chief executive, or in viewing mighty
army in respondent uniform. We
majesty and the unarmed power Of the
law in a way made carnate In the per-
son of the upright Judge on the bench
administering public justice.
- HnWaVar -
Is part of the business of the people to
criticise the conduct Of all public Of
ficials. An enlightened safeguarding
people will always commend what -15
good and will condemn what is wrong
as long as they prize established instr
tutions and desire the security and
ed. There. can never be any lese ma
jeste In this country, nor shall we ever
near again Of alien and sedition laws
except as deeply discredited and
abandoned experiment.
1t would be improper now and for
eign to my purpose to review court
decisions that have been questioned.
But In proceeding with the subject of
Judicial encroachment upon the powers
of the States. let me say the impelling
and immediate cause that led the
making and adoption OF the Constitu-
ton was the unlimited power of the
states over the commerce that without,
or interstate and foreign. as well as
that within the State.
The desire was to make commerce
between the States free. Whatever
may have in the past engaged public
attention, 1T must be admitted that at
this time the most fertile source of
legal discussion. of the judicial opin-
on. and political controversy is the
commerce clause of the Constitution
OF the United States.
The Congress shall have power
10 regulate commerce among the sew
eral States.
The control by the Federal Govern
ment. or'the interference with, If you
please. the commerce within the States
was never intended to be a power Of
the Federal Government.
This desire to make commerce free
between the States and to afford ma
tional protsotion to commerce with
any sort of interference with COM
merce wholly within the States. The
purpose was to create Federal Gov
eminent supreme IN its limited pur-
poses. and to leave to the States con-
troll of all matters of local concern,
with certain limitations like the in
hibition of ex post facto laws, bills
of attainder, and laws impairing the
obligations of contracts.
But this need pot. be discussed. for
the Supreme Court, in case not very
Case" took this view and held that
the Government had no control over
manufacturers in a State; that al
though intended for shipment to other
not attach until the commodities be-
came part of interstate commerce..
The power over the States domestic
commerce is as exclusively within the
rights of the States as the control
over commerce among the States and
with foreign nations Is exclusively in
curately speaking. within the power Of
Congress to regulate. The scope or
! these two powers. the Federal. being
one enumerated in the Constitution.
he 10 n
the States, via continue to be the SUBJ
ject for judicial ascertainment per-
haps, as long as our highly developed
and still developing COMMERCIAL activ-
ity and life have or find field for OPP
Grafton. The energies Of our people,
our unlimited resources, our expand
Ing wealth, are changing commerciaI
conditions. require and will require
from time TO time Legislation dealing
with questions incident to the wonder
full development of our country. These
est attention Of publicists generally,
and they must receive the most SER
ious consideration. Of the Judge, for
he, in the last analysis must interpret
the law, overturning 1t when 1t Is re-
pugnant to the Constitution and up
holding 1t when 1t is consonant with
that great chart of government, to the
end that o. government under writ
ten Constitution may continue to Hive.
The federal judiciary holding office
for life, or during good behavior-and
1 have noted how ineffective has been
the constitutional power of impeach-
ment-the remedy for judicial en-
croachments other than those that may
ne committed by the Supreme Court
tribunal and in some particulars thers
NAV he legislative restrictions upon
the judiciary subordinate to the Sup
RENE Court In some instances the
encroachment upon the rights of the
states to execute their own laws was
challenged by bills in Congress to lin!
1t the power of the inferior courts.
denying the right of all federal courts
other than the Supreme Court. to Is