Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-06-23
LAWYER SUGGESTS LIMIT
TO POWERS OF JUDICIARY
jackson Ralston Would Curtail SUI
prcme Courts Jurisdiction in
Constitutional Cases.
COMPLETES CAREFUL REVIEW
Says Tribunal OF Last Resort Should
Not BE Permitted to Declare Acts
or Congress Opposed to Organic
Law.
ny j. FRED EssARY

j
land and Washington lawyer and
LEGAL adviser OF the American Fedora
public Il series OF strong recommen dac
Hons Gurtaiiing the Jurisdiction OF the
matters involving the cons;itu,ionalitv
Of legislation by Congress and provid
ing that the legislative branch Of the
supreme.
Those recommendations were made
~ nr, halston to the American Fedora
Guy. under a resolution adopted d "i b ,y
iin aiiss boy a. It's ST Paul meeting in
OF the e su io ,hat ,, studE be made
been taken by our Federal and S,ipretne
oourts through which they laid hold
that the results of this study be dis.
ar,d6utsd TO the affiliated organizations
An ad snax iou NJ, be consulted so that
introduced in Congress which viii iii p Heu
n nent any INVASION Of the rights and
OF the government by the Judiciary
Result of Year. Work
Mr.. Raiston was engaged TO make
ms interesting study. and the results
fore the federation and enthusja s,ica I
;;nnorssd by that body. He has gone
n nto t the s sinJ sshaus,ively review
has hs come into control Of practie ai
. n
this country. through its power OF in
.erpretation and its right to outlaw
any =, Sns statute or act OF Congress which
The opinions of recent writers as TO
the early history OF judicial control Of
casHs n9,or amsrican cons,itutiona
Hor 10 the the f :e5mafion of the
1ional convention: the course or the
Federal ei supreme Court and early
Gliding acts OF Congress uncomstitu.
tional: control by the Supreme Court
oyer state legislation. and the practice
OF legislative acts.
Recalls Popular Revolt.
Mr. Ralston recalls the fact that
judicial tyranny" and that only gat feW
c S;sa6s ago .- the -, courts and court de
attack from pubic men all over the
nation. This assault was led by The
jaH Colonel "a RS0seyelt; and his follow
powerful element OF the country's in
tellisent population.
Union. including caiifor nises S Or ene
and Arizona have extended the recall
the nsnde es HdG padpS Sfs5s by Tons
and jud Ees. it is pointed out: have se ecs
ehomPanied the adoption of this remedy.
the recall settles nothing. ..as suh ese.
Gueent courts arc not prevented from
.oli sg In the footsteps even OF the
The recall OF judicial decisions also
was was foreefuily advocated a few years
aso as ,,,; means OF securing a repeal
or judicial declaration. Mr. Ralston
pronounces this a Clumsy" device, add
ing that when we consider that In
IN the course Of given year a number
situtional by the highest court Of a
State or OF the United States we can
understand that continually recurring
supposed errors Of the judiciary will
not be popular or in the end very
effective.
auotcs Senator Owen.
The sweeping proposal OF Senator
Federal Judges are forbidden to de-
clare any act OF Congress unconstitu-
tional also is mentioned among. the
contends. will not solve the difficulty.
and that dcubtfully."
which students OF the situation have
championed. the American Federation
lawyer advances series OF substitute
meet the evils which he has described
and which promise to attract wide
spread attention on the part OF the
Aranch Of the government, as wei as
the attention Of the great labor or
sannizations of the country,
The Ralston program includes:
First. That the Supreme Court Of
the United States and State and ma
tional courts generally shall have no
power to pass upon the constitutions
ality OF congressional enactments, and
the courts of the respective States
shall have no power to pass upon the
constitutionality OF the enactments of
their respective Legislatures. except so
far as they are contrary TO the ma
tional Constitution or TO national laws