The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-08-15
ITO HURRY THE SUPREME COURT
SENATOR BOURNE HAS A BILL
WITH IMPOSING TITLE.

Requires Unanimous Vote of the Court
to Decide Constitutional Questions
and II Also Requires Lower Courts
to Certify such Questions Forthwith.
WASHINGTON. Aug. l4.-Senator Jona-
than Bourne awakened the constitutional
lions Of the Senate to-day when he intro.
duced bill "to provide rules for speedy
and final decisions of questions concern
ing the constitutionality Of national and
State laws and constitutional provisions
and for the Interpretation and construc-
ton of the Federal law and Constitution
Under this imposing title the Bourne
bill requires:
THAT in any action. suit or proceeding
in the Supreme Court when the meaning.
guage of any Federal law or the Consti-
tuition Of the United States shall be drawn
in question or decided the same ahAll
he interpreted and construed literally,
in everyday use, unless the Supreme
Court by unanimous decision OF all itS
members qualified to sit with cause shall
decide that such literal Interpretation
is not the true expression OF the logisla-
tive intention and meaning In the Ian
The bill requires inferior tribunals 70
certify constitutional questions to the
Supreme Court forthwith for action.
Such questions are to be certified IN ad-
they grow. and the Supreme Court Is au-
thorized to advance them to speedy
hearing.
Senator Hepburn Of Idaho took the door
and condemned the bill in unmeasured Ian
guage. other defenders Of the constitu-
tional and time honored government
forms rallied to the support OF Senator
Heyburn and, legal fire was exploded In
plenty.
Senator Bourne in justification Of his
remarkable bill said.
"A considerable number Of the members
Of both houses of Congress arc learned IN
the law. and some Of them are lawyers OF
considerable renown. in each house there
ia Committee on Judiciary composed Of
the strongest and ablest lawyers In each
body. which committees give particular
study to constitutional questions arising
when proposed laws are under considera-
tiOn.
Because Congress is a coordinate
branch and because Of the careful atten-
tion the members OF Congress give to
constitutional questions arising regard
! ing legislation it has been held BY the
United States Supreme Court that no oct
Of Congress should be held to he vio-
lation of the Constitution unless the con-
| fiict appears beyond reasonable doubt.
The Supreme Court has. however, in
numerous instances held to be uncon-
! situtional acts of Congress which part
Of the members Of the Supreme Court
believed to he entirely in harmony with
our funds m ,ntal law. In cases such "a
this there certainly existed a very sub
stantial doubt whether the measure in
question was in fact in contravention
of the Constitution.
"Tn my opinion. unless State law or an
tonal that the court will be unanimous
in so declaring. the decision Of the court
should uphold the validity Of the act.
"The purpose OF this bill is not to allow
one. two. three or four members of the
supreme Court to overrule eight. seven.
six or five members OF that distinguished
branch Of our Government. but rather
to enable one. two. three or four members
Of that court to prevent eight. seven. six
or five Of its members from overrulinR
the wishes OF the nation as expressed
through Congress or the wishes of n
soverei en State as expressed by it's electo-
rate or by its Legislature"
Senator Hepburn denounced the pro-
nosed scheme as a cross between popu-
lsm and anarchy: as dangerous as the
outrages of the Black Hand and the mob:
designed to destrov the confidence Of
the people in their institutions and their
Government"
Continuing his impassioned discourse
move in the attempt to have the minority
rule. All these new political cults are
based on that principle. he shouted. The
most dangerous thing about such schemes.
he said was that they were usually put
! forward by clever men, who talked much
Of the rights Of the people. the oppression
Of the people and the dangers OF monopoly
until alarm is created.
Then the people ask. Are we being op-
/ rressed?' and some one is always on hand
to say. Certainly; this crushing force Is
| going to destroy you"
| He said the final result Of such inno-
vations would be to establish an entirely
new system of government