The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1917-02-19
rs ROBERT +. OWEN
United States Senator ffom aila-
homa.
SHALL CONGRESS- LONGER
aBnlGaTE ITS POWER

Tire issue presented in these brief
articles may be summarized as fol-
lows
CONGRESS. elected hy the people,
responsible directly to them aud
charged with the Iaw making pow
er ii not the actual legislative body
of the nation
The supreme court. appointed for
life. not responsible TO the people,
has usurpea the power to amend or
repeal acts of congress BY judicial
construction ana 10 has become the
real law-making body.
The people haveeno assured forum
through which they can got done
what they want done The supreme
court constructs the constitution to
suit itself and the amending process
Is 50 difficult that the constitution
cannot be changed except By praeti-
eally unanimous consent.
But congress can control the su-
preme court through It's power to
regulate The appellate jurisdiction
IF the court and can control the in
ferior federal eoutts which are es-
tablished BY Law.
The practical concrete issue is;
Shall congress continue 10 abdieate
It's power and responsibility and
Resmft the supreme court to be he
judicial monarehs of America and
paralyze at will the legislative and
execesiye departments of the peoples
government?
It is u partisan issue and
transeeuds all party lines. The peo-
pje understand this issue better than
al the lawyers between the oceans.
IL is not an abstruse legal problem
TO them is a question ri bread
aud butter 1t is the needs OF iiv-
ing men against false precedents
INSIDE by men dead hundred years.
Historically. IT is the old tight be-
tween privilege and justice; between
the ariAtoeracy OF Hamilton and
Marshall aad the democracy Of Jef-
fsrseu and Lincoln. and this contest
translated into life means simply
whether the men and women who
BY their labor create the wealth Of
this nation shall get what they
produce
The resolution l have Introduced
puts it gquarely mp to congress on
which side OF this question it sill
range itself. whether II viii again as
sert itself Ia legislation or whether
it viii continue to let. the judges
rule. The people are Jealous Oh their
democracy and do not propose to
have their sovereignty taken FROM
them. even by the most honest and
learned Judges, They know judges
are only men after all and they re
fuse to accept that theory Of tbs
''Sacredness of the courts which
would make an arch angel out OF q
corporation lawyer al soon as he puts
"a the judicial robe
80 man more thoroughly under.
stood and voiced the sentiments OF
/ the American people ON This question
than sir. Justiie Harlan, himself. al
! ter % years member OF the SUI
Ipfeme court. Let me in conclusion
quote these words taken from hi'
! great dissenting opinion in The Amer
lean Tobacco ease OF 1916
When this American peopl,
come TO the conclusion that the IN
dietary Of this land is uaurping t,
Itself the functions Of the leaislatLv'
department OF the government W,
shall find trouble Ninety million
of people all sorts of people witl
Ian sorts of opinions are got Roinl
20 submit To the usurpation by th
judiciary of the functions of other de
parlments Of the government, and IA
power ON rs part, TO declare VIVA
ia the public polieg eli the Unite
s,atea"