The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-07-26
by ARTHUR cAPPER,
s. senator From KANSAS.

'IAw-breaking'' by the courts mas
become a serious problem. The check
and balance system Of government,
framed by the f~ore-fnthers who wrote
our constitution. Is being destroyed.
"A The courts. from the. justiee-ofrthe-
peace up, are usurpins the legislative
functions OF our government In a
fashion never contemplated by those
who wrote our constitution. IL IL be-
Ing doise In the name OF the consti-
tuition.
We are indignant, n Justly 30. at
the autocratic assumption OF the
powers OF congress by the chief x
ecutfve. Hut the courts Of this
country have been breaking laws
and in effect making laws to a far
greater extent than has the executive.
rxcep In a very few instances.
ExHmples are numerous. Wooien
goods are rot clothing In the mean
ing OF the Lever act. a Massachusetts,
federal Judge decides. Therefore.
this judge qnashes the indictment
charging william Wood. president OF
the wooden trust, with profiteering.
SO far as the law and the people are
concerned, William Wood and tho
wooden trust can go right ahead
p~roffteering al 100 to 800 per cent. as
they have been doing for the last Two
ycarAl
They can raise the limit II they
wish. One federal Judge has broken"
the Lever act. He Is a "law-breaker'
oror a 'law-maker." whichever you
choose to call him. But he was APP
pointed n Judge. not elected a law
maker.
There was plenty of evidence OF
p~rofifeering In this instance. But II
was easier TO decide that wooden
goods are not clothing thar to find
q big profiteer guilty OF proflteering.
We ave plenty OF laws on the
statute books te free the country from
proffteera. B,,t the country has not
been freed lam profiteers. On the
contrary. they are waxing holder and
more exacting In their tolls on the
conaumers' constantly diminishing
pocketbook.
A few hundred have been fined. A
score or more OF little fellows have
been sent to jail. But that IL all, abb
soiufely all. that the department q
justice has been able to accomplish
toward curbing, to say nothing to-
ward putting an end TO Drofiteering
IN the last two years.
We have been strong on law, but
weak on enforcement. Our laws are
made for men, in theory. There II
a growing suspicion that In practice
men are made for laws-ordinary
men and ordinary laws. that is.
What is the matter with the
courth7
fedeni judgea have declared criminal
proflteers beyon the cope of the
Lever act. and turned them loose.
The country was similarly amazed
when the supreme court, by It's re-
cent 6 TO ( decision. declared stock
dividends not taxable as income. This
decision OF the supreme court largely
nullifies the income tax amendment
10 the constitution.
II still applies to man with n small
income that he cannot well convert
into the form OF a stock dividend.
The men on a salary cannot incor-
pofufe himself and declare a stock
dividend tor the amount OF his earn
inss at the end OF he year. His In
cosie is income. and must pay the In
nat Il does not take five Judges on
The supreme bench 10 overturn an
act o. congress. One judge a do
ii. Hcoros Of Judges individually have
done n. Instead or enforcing the
laws wa find our courts busy max
Ing laws and rbreaking laws" One
judge may uphold a law. Another de-
clare Il void on this point LAWYER
; G Harper writes mo from a Joila,
colil14ulni
s}ahgeF IN Clash o. branches.
Time and again the supreme
eoast ef ~ United states has said
ihnl every iaW passed BY congrefs -
pftIuMN4 90 bt vuiif. away hack
IN the detla,ons Of that court Il VIVA
stated. IT IS but . decent reapee