The Gem worker and the Idaho labor herald. (Boise, Idaho) 1914-1917, 1916-02-10
The SUPREME COURT
Marcus Day.l

ing the last administration of Grover
Cleveland it was by only one vote
biased in favor of vested interests.
1t had been by determined efforts of
those who had controlled the destinies
of the Republican Party for a genera
ton turned into body of men who
would stand between the vested inter-
ests and any assault on their unjust
rule.
Since that time, by the death Of sew
cral members during Administrations
not quite so reactionary, it has be-
come much more representative Of
progressive thought. Mr.. Louis D..
Brandeis's selection has raised a
storm of protest from those elements
who prey upon public property but
this protest is not so potent as it
was at time in the not distant past
During the first administration of
Mckinley had all members of the SUI
preme Court died of disease Nc
Kinley would no doubt have gone di-
rect to the Rockefellers and Morgans
for advise and would have followed
their instructions. He did this in
regard to other appointments and as
the Supreme court is the most impor-
tant tribunal to control it is only
natural that the big business men
would demand that it be stuffed with
their servants.
AT that time there was great
hullabaloo about "sanctity OF our
greatest court and a demand upon
the part of the subsidized newspapers
to talk sharply to people who even
questioned slightly decisions which
seemed to be warped in view, but
row that a progressive president is
in the chair and makes radical ap-
pointments to fill vacancies there is
sudden changing in front concerning
"sanctity" Several prominent news
papers are now limiting that it will be
we'll in future for the Senate to guard
its liberties from encroachment by the
Supreme Court One of these papers
cites examples, concerning encroach-
ment, which were back in the days
when the Supreme Court was made
up to reactionaries.
The new element who will displace
the hard-shell conservatives as fast
as the latter die off are not of that
class who will attempt to encroach
on other governmental grounds. They
regard the Supreme Court as a co-or-
dinate branch of the government-not
as a dictator. The former friends of
government by injunction are now
alarmed that injunctions will be used
against them but they will be mistak-
en-. Two wrongs do not make a right.
No matter how much certain criminal
business operators may disregard law
the power Of injunction will not be
used arbitrarily against them. Real
servants of the people never act arbi-
trarily in legal matters because the
basic law, if it be carried out in spirit,
protects all from injustice. 1t is the
improper construction OF law by men
who simply use the letter of it dishon-
estly to cover up their biased sup
port of vicious class which has made
cur state and national courts objec-
tionable to many short-sighted peo-
pie, when their criticism should have
been against the men elected. 1t is
true that there has been so-called en-
actments railroaded thru legislatures
at the behest of special interests but
there is not one OF them which will
stand the test Of onstitutionailty by
the Supreme Court when once such
law receives consideration at the
hands OF an enlightened citizenship
sufficiently to cause a demand for its
inspection, except one or two basic
laws that are not under discussion.
One OF these latter is private property
in land Here is legalized injustice
that has the sanction Of law. But the
private railroads, banks, water power
sites and franchises that have been
granted to favored parties have all
been given by unfaithful public SER
wants directly opposed to both the
letter and the spirit of the constitu-
ton.
It is not to be wondered that the
special interests and their servants