The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-05-25
STRONG LANGUAGE
USED BY JUSTICE
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structed attorneys who argued the
reasonable" construction in the Stan
dard ON case. that such construction
was not open to argument having
teen established by previous decisions,
and that they would have to go to
Congress for any change
But. he said, my brethren. In their
wisdom, have deemed 1t best to pur-
sue different course They have now
said TO those who condemn our for
mer decisions and who object to all
legislative prohibitions of contracts In
we cannot and ought not TO do"
restrain such commerce. provided YOU
are reasonable about it The dispo-
sition OF the case according to the
views of the Defendants will quiet and
give rest TO the business OF the coun-
try On the contrary. / have IA strong
conviction that 1t will throw the bust
ness Of the country into confusion and
invite widely extended and harrassing
litigation, the inturiouse effects of which
VIII be felt f1r many years to come.
Action of Court Alarming.
j said at the outset that the action
of the court In this case might we'll
alarm thoughtful men who revere the
constitution | meant by this that
many things are animated and said
IN the courts opinion which will not
De regarded otherwise than as sane
tlonlhg an invasion by the judiciary
of the constitutional domain of con-
Bress-an attempt by Interpretation to
sT'f's-a, t,i"sfnosElss re$at. sofs4esregsera as
a harsh public policy.
The courts have nothing to do
with the wisdom or policy of an act
OF Congress. They have no function
to declare II puDiiG policy nor to
amend legislative enactments. Never
theless, IL ! do not misapprehend its
opinion, the court has now read into
the act OF Congress words which are
not to be found there and has there
by done that which It adjudged In
1896 and 1898 could not be done
without violating the constitution.
Harmful Tendency Abroad.
After many years OF public SER
vice at the national capital. and after
a somewhat close observation of the
conduct of public affairs, | am i'm
PEELED to sag that there Is abroad
In our land most harmful tendency
to bring about the amending OF con-
situations and legislative enactments
by means alone Of judicial construc-
ton
The supreme law Of the land
which is binding alike upon all, upon
presidents. congresses the courts and
the people, gives 10 Congress, and
to Congress alone, authority to regu-
late interstate commerce, and when
Congress torbids any restraint of
such commerce, in any form. all mus,
obey Its mandate. TO overreach the
action OF Congress merely by judi
ciaI construetion--tha Is, by indiree-
tion-is a blow at the Integrity OF
our governmental system. and In the
end VIII prove most dangerous ia
ALL
Justice Harlan quoted the words OF
PreAdent Taft then Judge, Of the
Court OF Appeals of the Sixth Cir
cuit--that the decision was that con
tracts in restraint OF Interstate trans
portation We're within the statute
whether the restraint could be re-
carried as reasonable at common law
or not"
In shis case, said Harlan. the
court a7Ss n sisteS a4 dTs rifat~ VI hitch" II
has distinctly declared II could not
con=titutionatiy do II has. by mere
IN tsx,s esA.Nexs nssithe.r. 4s.ssa rsss. s.at
Congress and deprived it of practica
value as defensive measure against
the evils to bit remedied.'