The Washington times., 1920-11-26
Harding Must Change the RevO-
lutiOnary Character of Our
Present Supreme Court

states likely 10 De apponteu py freSiuent
Chief Justice White is seventyve DID, Associate
Justice McKenna seventy seven, Justice Oliver Wendell
Holmes seventy nine and Justice William R. Day seventy
Federal Judge retire full pay at seventy if
he has served years But these four members have
elected to remain at their posts
Most of them did not wish give President Wilson
opportunity to select their successors.
Two of these Judges well known for their ability
and broad mindedness.
Learned in the law eminent in ability and spotess in
private character the nine Justices of this court all
several nevertheless have little sympathy with and take
little interest n the ideas of social justice and progress
that appeal to the majority of people. They
immune to the sentiments and aspirations of great
of humanity the five Judges who rendered the
famous Dred Scott decision in favor of slavery.
Abraham Lincoln said of that decision that if the
Justices of the Supreme Court MADE the laws of the
country the Republic could not long survive He declared
that the decision must be enforced however I'VE cannot
change the law" he said, BUT WE CAN CHANGE THE
JUDGES" That DONE
It will be the duty of President Harding to change
some of the Judges and lawfully and constituonay
to change the point of view of the Supreme Court.
We loath to say anything that derogatory
of this august tbna-the nearest to omnipotence in the
world since there organized power earth that
overthrow change its decisions We shall speak with
moderation and expicitness
The Anti Trust Law has been changed in its meaning
and almost nued by Chief Justice White whose masterul
intellect does not approve the terms of the statute although
he Joined in pronouncng 1t constitutional He has subst
tued 1.-THE rule of reason by judges for the plain words in
which Congress declared its purpose.
In the three most important anti suits in the
years prior the Tobacco and the Standard Oil cases.
tce White always voted with the minority and opposed
\the enforcement of the law.
His most notable dissent was in the Northern Securities
case which from the efforts of the late j. Perpont
railroad monopoly The attempt of Mr. Morgan attacked
by President Rooseveone of his greatest public services
Philander Knox Attorney General prosecuted the nan
cier ably and the Supreme Court Justice White dissenting
dissolved the monopoly
In other railroad and trust Justice White sus-
tanned the rights of property by decisions that seemed to
ignore questions of right wrong and principles of clear
natural Justice The egastc the moral aspect of the
appealed to his mind
The Government suit to dissolve the United States
Steel Trust decided the ground that the Court did
not think it wise to dissolve such corporation This
political not legal, decision.
It revolutionary!
The Constitution authorizes the Supreme Court only
to interpret laws This necessarily includes the power
declare null and void any law not consistent with the Con-
stituon. But the high Court clothed with the
power to decide what legislation is wSe That decision
belongs exclusively to Congress- representing the people,
To show that do not exaggerae the revolutionary
character of the Supreme Courts decision in that Steel
Trust quote the exact words of the last paragraph
the controlling judgment and decree, as follows:
''We unable to that the public interest will
be served by yielding to the contention of the Govern
men respecting the dissolution of the company the
separation from it of of its subsidiaries. We do
see, in contrary conclusion, risk of injury to the
public interest, material disturbance Of and, it may
be, a serious detriment to, the forci gn trade
The Times believes that combinations should be per-
mitted by law and should be controlled by the Government
We not discussing the character of the Steel Trust
We discussing the revolutionary character of the
preme Courts decision.
Congress attempted three years ago to stop very
rbe kind of modern slavery 1t forbade anyone compel
children of fourteen twelve and years of age to
labor in the fetd atmosphere of cotton mills canning
he hat
the people of the United States want to put this
kind of forced labor