The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1920-04-22

i briefs OF the attOrn6yS IOf Inc uquoi HSoioos
Il have Just been filed in the Supreme Court OF the
United States.
To lawyers anywhere in the world except In
America their fundamental arguments would be
astounding.
Senator Roots brief to the Supreme Court in the
matter of the liquor nothing more nor less than
subtle attempt to deny to the people Of the United
States the right to modify their Constitution by the ordi
nary proper and peaceful means provided for by that
charter Of the peoples rights,
The reactonary, predatory interests OF the United
States which Senator Root represents in private and
public life have long desired to prevent any possible
progressive modification of Constitution In the direc
ton Of the democratic development Of the whole world
and in way to halt the encroachments OF the money
power upon the Government Of the nation and the rights
Of the people
Senator Root has shrewdly used the liquor ques-
ton in which he will have the backing Of certain
short sighted element Of the radicals, to endeavor to
deny to the people the right to improve their Govern
ment properly and peacefully and by the metnods ies-
imataly and legally provided
BE has underworld to ossify the Constitution to
deprive It Of its life and growth and hedbility.
He has tried to iron-bind it and lock 1t in tho
reacionaTy safe Of the privileged interests and then
throw away the key of popular rights and peaceful
procedure
It Is true that Senator Roots subtle and seditous
Appeal to the Supreme Court win not cause surprise to
American lawyers when tho manner Of man who makes
the appeal is considered but it win awaken the ndigna
00n every American MWyor VINO NOT an uL6u0CtudA
sen and q mere mercenary at the bar.
Every American lawyer whose intelligence is equal
to the least conception Of the character Of judicial
question and Of the true functions of court will realize
that this is appeal almost without disguise to the
class prejudice the economic social and political bias
Of nine appointed not elected and serving for life
and not for term of years and beyond the reach Of
public opinion which they may with impuniy outrage
Every intelligent lawyer will realize that this is
sedtious revolutionary appeal for revolutionary reac
tionary act on the part of the Supreme Court.
The daring of it and the extreme character Of it
indicate the approach Of serious political uncture in
our public affairs.
We have seen the Supreme Court usup the power
given to it by the Constitution to destroy act of
Congress upon the ground that Congress did receive
the power to enact the law destroyed from the Cons
tuition whence all powers of both Court and Congress
are derived.
We have seem the court usurp the power to amend
an of Congress and make it consistent with their
economic and social ideas by importing into the law
words which Congress had not only NOT put there but
had deliberately REFUSED to put there.
It was thus that the Supreme Court hog-ti the
Sherman Anti Trust law by saying that it prohibited
only unreasonable monopoles when matter of fact
it prohibited all monopolies and when as a matter of
fact every court had been interpreting it for twenty
years without dreaming that such interpreta
ton was possible
We have seen the Supreme Court within month
take another great step beyond its Constitutional From
tiers and beyond any boundaries ever known to court
in the history Of civilization.
We have within few weeks the Supreme
Court refuse to entertain the Governments action to
dissolve the United States Steel Corporation as a
monopoly under the law, not because the law did not
forbid the formation Of such company but because in
the Judgment Of four out of nine in the Supreme
Court it not in the public interest to enforce the law
And now men like Eihu Root are conspiring to
get the Supreme Court to tell the American people
that they cannot amend their Constitution in the
xLoxx I1J
amend it.
Elihu Root corporation attorney and corporation
Senator speaking with the boldness of the business
interests behind him and speaking merely ostensibly
for the liquor interests but really for all corporate and
special interests of the country attempts to dynamite
the very cornerstone of the whole structure of our