The Denison review. [volume] (Denison, Iowa) 1867-current, 1910-09-07
COLONEL RoosEVELT's WEEK.

ing fippity-hop this week as Colonel
Roosevelt has made the grand circuit
of the west. After the speeches at
Denver and at Ossawattamie, Kansas,
the insurgents were jubilant and the
Register and Leader even went so
far as to practically withdraw Sen
ator Cummins' presidential candidacy
and to give reluctant support to the
Roosevelt third term boom.
The speech at Sioux City, in which
President Taft's attitude on the tariff
was specifically endorsed threw a
bomb shell into the insurgent camp,
cooled the ardor of the Register and
Leader and sent the Taft stock way
up above par. The ultimate attitude
OF the famous ex-president as to the
next presidential campaign is still.
an enigma and will probably remain
so at least until after the New York
state convention to be held on Septem-
Der 9th.
At Denver Mr.. Roosevelt received
a tremendous ovation and the demo
cratic officials of that state We'd with
each other in his praise and in endorse
ment of his candidacy for the presi-
dency. 1t was at this city that Mr..
Roosevelt attacked the supreme court
of the United States in very strong
language. His point that there is
conflict between state and federal
authority was we'll taken. This has
long been recognized as one of the
weakest features of the American gov
eminent. 1t is the one thing foreign
nations cannot understand and which
has more than once come near to en-
broiling us in international difficult
ties, as witness the Malta affair at
New Orleans and the more recent
troubles with Japan over the attitude
of California with regard to her
schools. AS Mr.. Roosevelt further in
dicates, there are frequent clashes of
authority in domestic affairs, making
our system of Jurisprudence intricate
and clumsy and tending to establish
what the Colonel picturesquely calls
a "No mans land" where neither the
state nor national courts have juris
diction and where predatory wealth
may operate unhindered. The ultimate
cure must lie in the curtailment of
the powers of the states, limiting
them to the care and direction of
strictly local affairs. The laws govern
ing commerce, finance, marriage and
divorce and even the most important
criminal laws should be national in
stead of state wide in their scope
and enforcement. All felonies should
be punished by national law while |
state authority should be confined to
In this vivid portray
al of governmental weakness the
Colonel is absolutely right
In his criticism of the supreme court
we think he sets a dangerous preced-
ent and one which will afford excuse
for much unjust criticism of our high
est tribunal by prejudiced and inflam-
mable people. Mr.. Roosevelt might
have been fully justified in criticising
certain decisions of the courts, but to
criticize and ridicule the supreme
court, per Sc, is as we have said be-
fore, a dangerous precedent. Under
our system the court is established |
as sort of brake upon hasty, ill-con-
sidered or unconstitutional legisla- |
ton. Acting as brake it naturally |
and quite properly "lags behind" That
is the proper location and the proper
function of brake. The records of
the decisions of the supreme court
contain some mistakes, some grievous
ones perhaps, but we do not believe
any similar body on earth has bet
ter record or one freer from scandal
or thought of faint. Judged from this
standard, which is the right one, we
USlACNC IHC SOulC uoI NC CllI-
icised as an institution by anyone
who takes upon himself the function
of leadership.
We have long contended that, as
in England, the law of the land passed
by the recognized legislative bodies,
should be in and of itself constitu-
tional. In other words that the pres
eat constitution should be voided and
rebuilt from day to day as the needs
and exigencies of the nation demand
This would limit the power of the
court to the Interpretation and adjud-
ication 0f the law, taking away from
it the question of the constitution
atty of congressional enactments. IN
Til this is done, however, the supreme
court has very important place in
our national economy. A proper re-
spect for it is one of the great bull
warks making for peace and order
and no one should say aught which the