Imperial Valley press., 1913-07-12
INFLUENCE OF PUBLIC IS
FELT IN HIGH COURTS
BY Congressman Clyde n. Tavenner

WASHINGTON. July 12.-These are
the days of ascendcnt democracy. The
reign of the people is coming. and in
a number Of former StronSholds of spe-
cal privilege ccrtains ears which have
long been out of tune with progressive
thought are now bent earnestly to the
ground. The hplated theory now is
that it is better to yield to the public
will in time than. stubbornly resisting,
to be overwhelmed in the rising tide
of popular rule.
The supreme court is HE latest to
feel along the nerve of public opinion
and adjust its own mental processes
accordingly. 4 great light seems to
have burst in upon that gloomy and
decorouS chamber. Employing the ia
cilily with which it once ''interpreted"
into laws things the lawmakers never
intended should he in those laws and
dissolved trusts in 4 manner highly
satisfactory and profitable TO The hu-
man ingredients Of The solutions, the
court now discovers strong c0nstitI-
tIonal grounds for sustaining popular
/ legislation.
The recent rate decisions, sustaining
the right of states to fix by law mini
mum rates which railroads may
charge. and The decision affirming the
jurisdiction of the federal government
over water power in streams are eX-
amplcS Of the Way the new idea is
working oul. The court has also re
Gently affirmed the constitutional va
!idity of a number Of laws demanded
by public opinion. Judged by IFS decis
ions of the past year, the Supreme
court is now a popular tribunal.
Even the commerce court which
soaked The public hip ana thigh during
the first years Of its existence. has seen
The error Of its ways ana is now hand
ing down decisions which do not read
as if they had been written by the
lawyers for the railroads. But the
eleventh hour conversion Of the com
merce court seems to have come too
late TO save il. The caucus of the
house Democrats the other day con
signed the commerce court 70 the per
ditiOn of oblivion. The franchise Of
this tribunal seems to have about eX
pired.
But even with all these hopeful
signs. eternal vigilance continues to
remain the price Of liberty. The peo-
pie should not now sleep secure in
the thought that having started the
wheels of progressive government in
motion they can rely on The machine
to supply its own motive power.
The tendency of government is to
become rcactionary. to yield to the IN
-idou~ influence Of the special inter
cSts of The special interests when the
voice of the people becomes subdued.
The special interests are always alert.
Some criticism has been lcveled at The
secret caucus of the Democrats, of the
house. and also at the alleged central
lied control of the Democratic major
ity.
With a Vigilant public opinion. how
ever. both Of these instruments Of leg
iSlaiiOn can be made. as they are al
present. highly efficient machines for
carrying ont the demands of the pop
ular will. Their great advantage is that
they insure the passage Of legislation
without amendment, thus preventing
the emasculation Of bills by cliques, al
liances and other forms Of log rolling.
Their danger is that they can be used
to defeat progressive legislation.
But as long as there is a quiCkened
public conscience. the people need not
fear the forms Of control adopted by
the house majority. That majority is
controlled by fearless. public spirited
men. who have adopted their arrange
mentS with their eyes open. The eau
Gus cannot be turned to evil uses SO
long as these men are in control: and
these men. or men like them, will re-
main in control just as long a. the
people continue to insist upon having
their way in the national government.