Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-03-09

tive slave Law. The prisoner how
ever, Booth was never again taken In
to custody, and on account of the
great excitement Of the times, the
case was dropped.
Some of the enemies Of the United
States supreme Court have been able
to see, in the cclbratd Ord Scott de-
cision, the moving and provoking
cause Of the civil war. That decision.
right or wrong, has passed into MIS-
tory. In my opinion, the doctrine
therein announced, was sound, but
the public mind was in no condition
for the judicial determination and
settlement of a great national qnes-
ton.
For years the great constitutional
minds had debated the question in the
senatorial and congressional forum,
while agitators and incorporating
partisans, in the pulpit, on the plat
form and in the press, aroused the
partisan fury, which nothing else
Nau s~'ri'o of - 4 could aDpcase
Such intcloctuaI giants as Webster
Choatae, Clay Lincoln and others, on
one side and Calhoun, llayne, Davis
! BENJAMIN and Tomhs on the other
had debated and discussed every
phase. feature and character Of the
great problem. Those VINO say that
the opinion of the Court in the Drcd
Scott case hastened the conflict, fail
to consider that an opposite opinion
would have been followed by the
same consequences. If the court had
declared the Fugitive Slave Law uu-
constitutional, in my opinion s"ces-
sion by the South would have immedi-
ately followed. The enemies Of the
courts fail to recognize that the court
must decide, and that both parties can
not win. No issue can be settled
both ways.
The Supreme Court Of the United
States has no counterpart in Great
Britain, or any other government.
Since its creation. 1t has excited the
admiration of greet statesmen
throughout the world II il be claim.
ed that the court has not Contentcd
| itself with mere construction and In
terpretation, but has sought to mako
J
that that great tribunal, uninfluenced
by violent popular clamor yet, not in
sensible to the changing needs of So
ciety, is the safety valve TO the Re
public, the guardian Of the rights Of
the people, and the protector and
defender of the Constitution for all
the States and the Federal Govern
ment.
Chief Justice Marshalrs opinion IN
Gibbons V. Ogden. 9th. Wheaton. l.,
handed down in 1924, struck the first
great blow at monopoly when the
Court held that the State Of New
York had no power to barter away, or
grant the exclusive right of naviga-
ton on all the waters within the ter
ritory of the state.
Upon this decision has been con-
structed an enduring barrier agains,
monopoly, and is the corner stone
upon which must be built our fortifi-
cations against modern combinations
of capital trusts, and conspiracies in
restraint Of trade between the various
states.
In view OF the present day COM
paint against the Courts, and the
discussion now going the rounds all
the way from the chief Bull Mooser
to the smallest pin-head politician. l
thought a short sketch Of some of the
wars through which the courts have
passed, would be interesting. ] con-
ceive It to be the highest duty OF the
bar to engage and participate In this
popular discussion. uncompromisingly
defending the right and independency
Of he judiciary. and, yet, unhesita;-
lngly criticising and aiding reform
where remedies are needed. We
should remember that the courts ar.
to judge between the people and the
government; they are to safeguard
] the rights OF both alike; they ought