The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1920-07-28
ny ARTHUR C.trPER
l.. \. senator Prom Kansas.

~ ~ DFss-&8 sstss< sssss"SS-
"Law.breaking" by the courts has
become serious problem. The
check and balance system OF govern
mrn,. framed By the for.fathers who
wrote our constitution. In being dc
atroyed.
The courts. from the justice OF the
peace up. are usurplng tho irginla
tive functions OF our government IN
fashion never contemplated b.
thosa who wrote our constitution
II n being don. In the namo OF the
constitution.
We are indignant. and Justly so. a,
the autocrntsc assumption Of this
powers Of congress BY Tn. chief cx,
~cutivc. But the courts OF ihia coun.
try have been breaking laws" and
In effect making iawr.- to q far
greater extent than has the sxrcu.
tive. except In = very few Instances
Examples arc numerous Wooden
goods are not clothing In the mean
Ing OF tho Lever act. Masarhu
setts federal Judge decides. There.
fore. this Judge auashcs the indict.
m.nt charging William Wood. prcsl
dent Of IN. wooden trust. with prof
l,ecring. So far as the law and ths
people arc concerned. William Wood
and tho wooden trust can 20 right
ahead profiteering at 100 20 900 per
cent. as they have been doing for
the last two years.
have been amazed that several
federal judges have declared Grim
inai profitccrs beyond the scope OF
tho Lever act. and turned them
loose. Tho country was similarly
amazed when the supreme court. by
It's recent five 10 four decision. dc
clared stock dividends not taxable as
income. This decision OF tho su
prcmc court largely nuliifies tho in
como tar amendment to the eonsu
tuition.
IL stili applies 10 the man with a
small income that he can not wei
convert into stock dividend
Tho man on a salary can not incor
porate himself and declare a stock
dividend for the amount OF his earn
ings at the end Of the year. His in
como Is income. and must pay the
| income tax.
But II does not take five Judges
on tho supreme bench 90 overturr
an act OF congress. one Judge car
do II. Scores OF judges individually
have done IL. Instead OF enforcing
tho laws. We find our courts busy
making laws" and breaking laws. .
One Judge may uphold n law. An
other declares IL void. on this point
Lawyer ]. c. Harper writes mo from
La Jolla. Cal:
DANGER IN CLASH
or BRANCHES
Time and again the supreme
court OF the United States has said
that every law passed by congress
is presumed TO be valid. Away back
in the decisions of that court II was
stated: IT is but decent respect
due TO the wisdom. the integrity and
the patriotism OF the legislative body
by which any law IN passed To pre-
sumo In favor OF It's validity, until
Its violation OF the constitution IL
proved beyond n reasonable doubt
More than half "A century the same
court held. Every possible presump
ton " In favor OF the validity OF the
statute and this continues until con
trary is shown beyond rational
doubt.
lone branch OF the government
| fsax ha a.,
OF the other without danger. The
safety of our constitution depends in
no small degree upon the strict oh
servance OF this salutary rule"
Here is another professional opin.
ion have received from Lawyer
John J. Jessen of Fort Worth, Tex.
He says. in part:
Laws will avail little II courts
are 10 be allowed TO continue TO an.
null, change. add 10. subtract from,
or enact new laws that have not
squared with the notions OF federal
judges who have found their way
into the various courts OF this coun.
try. What law liz safe II tho courts
are to be allowed the final say In
regard To all acts OF the legislative
branch of the government, u prerog.
alive they have usurped.
-Four judges have passed on the
constitutionality OF the Lever act
Two have found II good. and two
have held II unconstitutional there.
by making II impossible OF enforce.
ment. II has been clouded In the
same way by a whisky Judge nj
Louisville, Ky. The farm loan bank
act Is worthless. Its constitutionaiity