The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-09-08
'I1I llll0jCAlLl CAPITAL.
THURspAY. SEPT. 8. 1910
n6osEvE1sTss ATTACK ON TIE
COURT.

la6losEvnsr.s ATTACK ON THE
COURT
Itsis always = sensation for a MAJ
of prominence 20 assau the courts
and particularly the United State
Supreme court. Therefore, whe,
ex-President Roosevelt, who, q
president, helped to make up the su
prone judicial body Of the Unitet
States. made an attack on that cour
in . speech before the Colorado leg
islature hast week. the newspaper
recognized Il a. an uncommon new.
item. Startling headline everywhev.
proclaimed the fact that a forme,
chief executive had questioned the
competence or sincerity. or both, o.
the chief judicial authority.
= the national capital the: remarks
Of the ~ex-president caused 4 great
deal OF discussion. Attorneys, how
ever. agreed that Roosevelt Is not in
contempt Of court because Of his re-
marks. II he had discussed cases
& pending before the court and had as
summed to say how they should be de-
cided. OF had expressed doubt as to
the courts ability to dispose Of them
properly. he would have been subject
g . ne. But under the guaranty
q fTee speech. every one has the full
right TO make criticisms Of court tsse-
cisions. providing. Of course, they are
not hbelJous.
Il has been custom. however. to re-
spect the findings Of the supreme
court. I've though they disappoint.
Especially = II unusual for one high
So cMEeiai life to violate precedent in
this regard.
COL Rooseyelt,s criticism OF the
supreme court = daring. but pesmis-
siblss 40 may lose somewhat Of the
respect q conservative mon by do
in1 p. but he seems not to mind
that.
q Justice to Roosevelt, however,
Il should be understood that his at
tack On the supreme court was not
altogether gratuitous. He did not
meant 70 question the decisions OF the
court - much q 70 support q con-
tention &e has .ardently made more
than once on this speaking trip.
81 am anxious" he said, that the
nation and the state shall each ex-
srcise IT. legitimate powers to
tho fullest degree. When neces-
ssery. they should work togeth-
q. but. above all. they should
mt leave . neutral ground in which
neither state nor nation can exercise;
authority. and which would become
: refuge for men Who wish to act
criminally and especially for the
very rich men who wish to act
against the interests Of the COM
munity ) whole"
Then the speaker went on to IL
lustrats what Ia meant By referring
q the two decisions OF tho supreme
court. One OF them under cover
g highly technical subtlety." held
- the Knight sugar trust case against
the attempt Of the federal govern
ment g requisite the corporation. by
drawing q artiaclal line between
stats and fedeFal authority. IN the
second Co.. the Nsw York bakeshop
CO.. : Nv imposing hysienic con-
ditsons on ths baking business in
Nsv York va held unconstituuonal
because & deprived men Of their lib
erty - work under unnygsenic con-
didOns.s
In other words, Roosevelt found
here the defeat Of an attempt by the
state % exercise authority and de-
feat 6 an attempt ~ the nation to
sxercise authority. That the express
dent put his finger on . real danger.
al who have witnessed the game
played by great corporations with
state and federal laws must be aware.
States that have eudeavored to low
e. railroad rates have seen railroads
attempt 70 say that the state should
be credited only with business done
within the state. Yet IL such an &C
ton should b brought BY the federal
authority. they would be found tell
Na3nrnw< .%or~ IL q h>non