The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-05-08
THE cRiTIc AND THE COURT.

AMI
Last week the Petersburg IndepAppedl sug.
gested that the Supreme Court of the United
States might make itself more popular by be-
coming readily responsive to the wishes of the
voters as expressed at the polls. That is what
we gathered from editorial sentences somewhat
vague The suggestion. even II timidly expressed
is so revolutionary and dangerous, especially
when put forth by newspaper of character and
irhuence like the Inder-Appeol. that The Vir-
gtnfdn felt impelled to show its absurdity. 1t
was vicious bud of an idea peeping forth on
a tree which should be wholesome and useful
even If not conspiciousy lofty or dazzling in it's
accustomed foliage of ideas; and it needed nip
ping.
Now we observe with pleasure that the Tndor-
Appea1 has abandoned and practically repudiated
its theory that the Supreme court should decide
issues according TO the election returns and be
carried by the results at the polls rather than
by the brief submitted by the lawyers and the
law and justice of cases The surrender is wise
and proper, The ancient law of war was that
attempt to hold a position obviously untenable
was punishable by death and 1t would be I'm.
pleasant to good and we'll meaning newspa-
per incur penalty so unpleasant and drastic.
The InderAppeal comedies that If the court had
obeyed the expressed will Of the people in ten
of the last thirteen general elections 1t would
have decided against every principle the Demo
cratic party has represented and for which
the South has stood. Therefore 1t acknowledges
that decisions according with the popular YER
diets might be unpleasant and disastrous
Having extracted from our Petersburg con-
temporary confession of its error and recanta-
ton of heresy no less vicious because i'll con-
sidered, a product of weakness rather than of
purpose to SIM the work of The Viroisidn in this
regard has been accomplished. Our contemporary
does not execute its retreat quite gracefully It
amends Its complaint against the court and
criticizes that respectable body not because of
its lack of agility and suppleness in obeying
election figures, but because 1t has not respond
ed to the needs Of "the largest business interests
OF the country" by giving prompt decision
In the Minnesota rate cases. and because Justice
Bradley one occupant of the Supreme bench
voted to make Hayes instead of Tilden president
thirty-six years ago. 1t seems to The Virginian
that it is indecorous and i'll advised to de-
rland that the court hasten its action and give
prompt service and polite attention to the needs
of the largest business interests of the coun-
try" as to suggest its ready obedience to
the popular desires Az concerns Justice Brad
ley he was one of five chosen men who voted to
uphold Hayes; and, whether he and the four who
voted with him or the four who voted for Til
den represented substantial justice nobody knows
or ever will know. 1t may be we'll for the Tnder-
Appeal to observe, however, that Mr. Justice
Bradley was its ideal judge according to its doc
trine OF last week. He voted according to the
expressed will OF the people as he saw II. be-
cause all the Northern States but four were for
Hayes.
We observe in the Inder-Appedl distinct ten
dency to petulance in Its discussion of these
matters. This is natural 1t is unpleasant and
irritating always to be caught in a ridiculous
position and publicly admonished and corrected
Yet foolishness when paraded before the general
observation must be there rebuked, painful to
the feelings may be both the administration
and the reception of the necessary and salutary
castieations. The incident, however. has had
the gratifying result of rousing the Indcr AppeoI
to a distinct well intended smartness at the
expense Of The Vir0iaian. This is very salts
factory. So long a pupil OF ours shows a
disposition to try, there is reason for hope
When intellectual asstude and slovernly habits
o. thought proved to be matters of habit
and not symptoms Of incurahle disease there
is basis for the most sanguine expectations for
the future.