The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-05-02
THE cour1ys DOUBLE JUSTICE.

Recent changes in the Federal Sill
prefne Court have elected a most
amazing line of eulogies on that Court.
THE press In every section of the
country has been heaping bouquets
on the Justices and has been holding
them up as models of what Judges
should be. Their ways are the ways
of righteousness and their paths are
the paths of truth. What they say Is
said Alright, and what they decree
cannot be wrong. Rich in their legal
lore. marvellous in their wisdom and
unprejudiced in their rulings, the, SUI
preme Court judges have been put on
a pinnacle above the rest OF the ma
ton. secure from abuse and sacred
even from the touch of the yellow
journalist
This Is almost as 1t should be. Upon
the maintenance OF the courts depends
tho safety of the people, and upon re-
spect for their rulings depends all
reverence for law This, however.
should not blind the public mind to
the very obvious fact that, after all,
the Supreme Court is composed of men
of like passions with the rest OF us.
Adler, perhaps, than most judges and
better trained in balancing Justice
than average men, they are still men,
and as such may make mistakes.
This fact is very clearly brought out
by James NJ. Beck, former Assistant
Attorney General, in an article in the
current Harvard Law Review. Mr..
Beck has respect for the Court. and
honors Its integrity. but is bold to de-
clare that the Court does not always
tread the narrow path of strict con-
struction and does not always hand
out justice to the United States
and to the States with equal balances.
Mr.. Beck is especially convinced that
in its method of constituting laws
Congress. the Supreme Court gives
Congress the advantage.
The State laws are subject to all
possible criticism. The Court con-
strues not only their text, but their
intent. and their possible effect. Their
constitutionality is not determined By
their letter. but by their spirit. and
where they may be thoroughly legal
as they stand. they arc often declared
illegal In their possible operation. II
State pass an important law, it must
be sure that its motives are correctly
stated, that the law will not. in any
way. or at any time, encroach upon
the Federal Government. and that the
antecedents of the law render 1t strict.
ly local, logical and legal Unless the
State can run this gauntlet of criti-
c!sm, its laws may be thrown out of
court as unconstitutional, null, void and
OF no effect.
The Court treats Federal laws in a
very different manner. 1t argues that
the legislative branch of the Govern
mont is coordinate with the judicial,
and that It's acts must be regarded as
the acts of competent body. The Court
declares it has no right to pass upon
anything but the letter Of Federal
law. The possible motives OF Con-
Intentions of that body and the pos
sible effects OF any of its laws in re-
str!cting the guaranteed rights of the
States are not questions which the
Court will consider. 1t passes or the
letter of the law. and on nothing
more.
The result is obvious. Nothing the
States do that may in anywise restrict
the powers of the Federal Government
can remain in force. while nothing
that Congress does to weaken the
powers of the State is invalid. unless
1t directly and Immediately violates
| the Constitution. This is notification
i of State legislation. and it is no less
notification because 1t Is done by in
| direction. If this be an "indestruc.
tihle union of indestructible States
! the States are as vital to the Union
as the Union is to the States. II the
| rights of both States and Union BIZ
| thus equally guaranteed. their rights
must be equally protected, and thi:
cannot be done when a court, created
by the Constitution, violates the In
| tent of the Constitution in increasing
| the power of Congress.
A change in this method Of warpins
| the Constitution cannot be made in {
| Year, or in five years, for the Supreme
| Court is Its own Judge and jury, ant
/ can nullify any laws that limit it!
! powers. 1t is even vain to hope tina
! such change may be made as long
as the present Court. or a majority O.
it. continues to sit. Yet some change
must be made. and equity of ruling
! must be restored, If the cornerstone
of the Union--the existence of thu
/ States-is to remain In its place.
I =------=--=--------------=--
HOW THEY sWORI IN ROME.
4 1t turns out that the ancients did not
4 know so much about swearing aftel
, all, They could have fine races. AND
they knew the fine art of taking If,
s,ns i1, hi,