The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-06-14
THE PRESIDENTS FAMINE THREAT.

President Taft emphasizes his uncanny
that he is prepared to fight the action of Con-
gress In abolishing the Commerce Court by
refusing to make an appropriation for it's
maintenance. The amendment which had the
Commerce Court In mind put upon the
legislative executive and judicial appropria-
ries of the President. the Federal judges gem
orally and the court officials. members of Con-
gress and their mileage. members OF the Presi-
dents corps and employees OF many government
tai departments II the President persists in
taking the only course open to him.--that is.
the veto OF the bfl1-he Will temporarily leave
great section of Government business with
out apparent means of support
Announcement of such an intention is, we
believe no more than an empty threat. 1t is
even to be doubted whether the broad power
of the veto legally be made to apply to
Presidential action designed to limit Congress
In providing the necessities OF the Government
We hope that Congress will meet the issue and
stand firm. Having been invited to the trial
partment OF the Government to accept the chal-
lenge.
Mr. Taft considers the Commerce Court
necessary. and Congress considers 1T nui-
sance. That is the line OF difference between
the two opinions respecting this court, which
is no more sacred than any other Federal
tribunal beneath the Supreme Court of the
determined in a string of decisions that the
Commerce Court has been attempting to assume
powers TO which it was not remotely entitled
under the terms of it's creation. One of its
judges now stands mute in the face of charges
OF irregularities that will probably result in
alton of Congress Wherein does the body that
created want for the power to destroy?
It Is in the failure to recognize the truth
carried In this question that the President out
OF his innate regard for courts and judges,
seems to have gone astray. Tho Federal
courts are not holy In any sense. except as
during the while they exercise their functions
they represent the law of the land. That is,
or ought, always to be considered sacred and
J TO carry with II respect for the judges through
whom il is announced and given effect. But
tc the lower Federal courts attaches no Com
stitutionai right to existence Their powers
are from Congress. Their existence is with
Congress. Amid all the twaddle about the
recall" of judges and OF judicial decisions, it
has been generally lost sight OF that the par
tieHlar vena or incompetent judge can be I'M
peached; and it has been equally forgotten
that even court. when its habit and trend
make for confusion and delay instead of order
and drectness may not only be recalled but
blown into nothingness by the representatives
Of the people
The distinction which the President appar-
emily Is unable to see Is tbat-th one sort of
! f'recati attempts TO substitute popular pas
sion for orderly process as the interpreter OF
Law; while the other acts directly by voting
want Of confidence in the agents provided to
give the interpretation Recalling" a judge
is Furnishing him fer decision; abolishng
his court is no more than exercising legisla-
tive discretion