The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-17
a NEW SUPREME COURT.

Through the death OF Justice Harlan,
the unprecedented and responsible OPP
portunity comes to President Taft of
making over entirely the complexion
OF the nations supreme court. When
he has named Justice Harlan's success
sor, President Taft will have appoint
ed, during a relatively brief space of
time, FIVE Justices to this all-powerful
bench. a full majority of the court TO
no other president, save Washington
when he created this court originally,
has such a tremendous power fallen 1t
really places in the hands of President
Taft the shaping of the progress. one
might well say, the destiny, OF the Uni
ted States for many years to come
Not only will his appointees probably
control this court for a continued per-
iod. but in the Immediate future this
court has many wonderfully important
questions to decide that bear intimate
~ on the economic progress Of the ma
ton; that will shape the economic law
OF the land until our system of govern
ment shall be changed. And that won't
be very soon regardless of the present
day efforts of some misguided patri-
OTIS.
There is isolated, but nonetheless Wig
that the supreme court has altogether
too much power. Men and parties wax
wrathy occasionally when some plan
adopted by congress is set at nought
by this court because it is held to be
at variance with the constitution, the
fundamental law on which this nation
is established The court is criticized
now and then for ''usurping" the legls-
lative function of congress in giving
liberal interpretations to confused and
unreasonable statutes.
But in democratic government OF
the representative type such as is the
United states, a check like the supreme
court is needed if the rights of al
people are to be conserved. The MI
nority in a republic and it is usually q
large one in this land. has as many
rights that are inalienable as has the
majority. The constitution gives the
minority IFS needed protection. There
must be an agency to inter
pref the constitution and to see
that its provisions are kept inviolate
That agency under the present system
of government is the supreme court
Well has it generally fulfilled it's mis-
sion. During the more than a centurS
of its existence there has seldom been
the suggestion of a scandal in connec-
ton with the Iabors of the varied MEM
hers of the court, either individually o.
collectively. There is always a feeling
in some quarters when some momen-
tous question is before the court that
a decision will be handed down which
will he inimical to the interests OF the
people. or a portion of them. But these
have been false alarms on almost every
occasion. The court. while not any
more infallible than any other human
agency. has generally been found to
render a verdict that most of the peo-
ME have been able to look upon as
the right and best one in the premi-
ses. And it has been rightly styled as
being. as a matter of fact, the most
progressive of all of the governmental
agencies.
In the four appointments already
made TO this court. and in the elevation
to the presiding judgeship of .istin-
guished Justice who happened to be Of
a different political party. President
Taft has rendered distinguished service
to his country He can be depended
upon TO use the same discretion and
discernment in the selection of a sue
cessor to Justice Harlan. 1t is fortu-
nate for the people of the United States
that president of Mr.. Taft's caliber
and Judgment happened to be in offica
when the unexpected time came for
total reconstruction Of the supreme
court.