The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1914-02-06
RULED BY COURTS
Shall the Judiciary Establish a
Despotism?
A NOVEL JUDICIAL ACTION
Unusual Usurpation of tho PubIio's
Power by New York Judse-New
Method of Protecting the People
Seems to Be Discovered.

Power by New York Judee-New
Method of Protecting the People
Seems to Be Discovered.
Upon what meat does this our
Caesar feed that he is grown so
great?" Only a justice of the supreme
court Of the state OF New York, and
yet he may order out troops, contrary
to the Judgment OF the local officials,
force unwilling authorities to use pub
lie money to pay the troops and secure
sanction for his revolutionary acts
from his fellow judges. Has 1t come
to this-that the government of the
United States is managed through and
by the judges!
When first constituted the intended
function of these judicial agents was
to interpret and apply the laws. Con
ditions. opportunities. were presented
whereby the judges might increase
their functions and add to their power.
They assumed the right TO pass upon
the constitutionality of laws. with the
correlative right to declare some null
and void. This development means
tremendous increase in judicial pow
er. y
One of the most ardent advocates Of
this power of The judge recently as
serted: "A law is not a law until it
becomes the law of some court. Be
fore that it is merely legislative
opinion" According to this viewpoint,
the legislative opinion. however desir-
able or necessary, is not conclusive IN
less indorsed by judicial decision.
The claim 10 power has indeed grown.
1t would seem that such power would
satisfy even a judge. But it has only
whetted desire. In New York there
has been found d new way to protect
the people The method contains ele-
ments of startling novelty and audac-
ity. There has been accomplished that
which other judges had never ventured
to do, and the act has been approved
by other judges.
During the street car strike in Buffa.
10 last April, after the mayor and the
sheriff had refused to call out the
troops. Justice Charles Fl. Brown OF
the supreme court issued an order tC
Brigadier General Samuel NJ. Welch
calling upon him to put three regi
ments In the city. This command
brought into action all the EuffalC
troops and companies from nearby
towns. The troops were used agains
the rights of human beings In further
1F i,rtn fiOy
was made ON Erie county TO pay the
bill. The treasurer of Erie county re
fused TO pay the troops for the service
on the ground that they had not beer
legally called into service. The judge
then issued a mandamus ordering hin
to pay. He was advised by the county
attorney that the military law under
which the pay was asked was uncon
stitutional.
The case was heard by Justice Mar
Gus. who decided that the military
law ordering the payment OF the sol
diers was constitutional This decision
was affirmed by the appellate division
and then by the state court OF appeals
This decision and the law have no
received the press attention worthy Of
| their significance No recent decision
has indicated more clearly the degree
| to which our government is now beinl
| judicially supervised. conducted ant
monopolized. Judicial agents have dis
| covered new sphere of power-they
the courts. may order out troops wher
l nfh +n 4ho4 ~
been delegated. seeing no necessity
may refuse TO order them out. and en-
force all orders issued In furtherance
Of their urpose.-American Fedora
| ZIONIST.