Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1918-07-12
l. NEWS OF OLYMPIA LABOR ORGANIZATIONS =


I equality of the slave states in the
senate.
For long time the South held the
presidency by nominating a North
ern man with Southern principles"
but when Lincoln was elected it was
seen that that could not be relied on.
The Marbury VS.. Madison decision
was simply throwing an anchor to
windward" by giving to the supreme
court power to invalidate any action
of congress, though approved by the
president, which should jeopardize
slavery. and which would thus make
the court third line of defense that
would last the lifetime of the judges
This was shattered by the hostile re-
ception given the bred Scott case.
and the results of the Civil war. The
contest for slavery made the South
"a section apart" and the waves
have not yet entirely subsidized. They
have a proverb in wind-swept Spain,
land of wind mills. Though the
mills are down, the winds are blow
ing there still"
Marbury VS.. Madison having been
thrown up as bulw2rk for the
slavery trust, when the 14th amend
ment was passed with a provision in
tended for the protection of the
emancipated negro (Which it did not
effect), the interests created by the
war through the new appointees from
time to time on the supreme bench
secured for themselves the construc-
! ton by the court of a newer and
deadlier theory than Mabury VS.. Mad
ison, which was outworn. AS to the
reconstruction acts. congress made
the court stand off. But as the court
is appointive, and for life, the people
have no hand in choosing them. and
no power to review them, and if their
assumption of the supreme and ulti-
mate power of review of the action
of congress shall continue to be sub
stituted for that of the people. then
aggregated wealth, following the eX-
ample of the slavery dealers down to
1861, have the irreviewable power
| to control the government and set at
naught the will of the people on all
public questions.
In Haines' Judicial Supremacy"
PIP. 234 and 2S2. it is stated that
twice before---in 1925 and 1867
bills like Senator Owens present bill
were introduced That in 1867
passed. but applied only to the re-
construction act, and was obeyed by
/ the court in the McCardle case.
When the Marbury VS.. Madison de-
cision was rendered it was at once
! denounced by President Thomas JEFF
ferson as an usurpation unwarrant-
ed in the Constitution, and when it
was repeated "a years later in the
bred Scott case it was as vigorously
denounced by Abraham Lincoln, and
these men were, respectively, the
very chiefest of the apostles of the
two great parties now before the
country.
In passing the Heating child labor
bill the house and senate declared
the public policy of the people by
whom they were elected and whose
will they represented. The president
not only approved. but requested the
passage of the act. The odd man on
the court, imbued with the ideas Of
judicial supremacy, and the rights of
capital over labor. handed down from
John Marshall, and court impressed
with the necessity of protecting
slavery, set the act aside. Where
does the governing power reside?
Senator Owens bill, re-enacting
the child labor law and prohibiting
the supreme court from inyalidating
it, can be more speedily adopted than
a Constitutional amendment. and
will be as effective.