The Washington times., 1920-03-09
Revolution in the
Supreme Court

OAt/A NAAAN OOSAA
bare majority Of those judges sitting the case but
MINORITY of the full court have decided against the
Government in its suit dissolve the United States Steel
Corporation trust existing violation Of the Sherman
anti trust law
The Times believes that combinations should be per-
mtted BY LAW and controlled by Government and the
fact that these four judges have decided the in favor
of the steel company is not important THE GROUND
UPON WHICH TEE DECISION Is BASED and the Ian
guage of the decision.
The reasoning in this decision makes of the most
extraordinary and unjudicial and REVOLUTIONARY dec
sions rendered by American any other court
The reasoning of the opinion is simply elaboration
Of the decision that the will declare the steel
pany violated the Sherman antitrust law BECAUSE
IN THE JUDGMENT OF THESE FOUR JUDGES 1T
WOULD BE CONTRARY TO THE PUBLIC INTEREST
TO DISSOLVE THE STEEL COMPANY.
That is what makes it extraordinary, unjudicia and
REVOLUTIONARY.
Any ordinary lawyer who reads the decision will appre
ciate its character without discussion is clearly unu
dical and revolutionary that that these -four
judges meant it to have just that character
To it clear that these Judges intended to take
advantage of what upon the surface of things
the reaconary spirit of today changed spirit which
started with President Wilson's great apostasy to liberal
America the backbone Of his support and without which
he would have been helpless America proved to
be in Paris.
It is attempt BY JUDICIAL DECISION to settle a
great economic controversy which has been waged in this
country and in Europe for than generation It
unudcia and revolutionary the purpose of the bred
Scott decision by the court which intended to settle
the great question of slavery by judicial decision by
Judges with two judges of equal ability and character dis
agreeing with the pro- slavery majority.
The question of slavery POLITICAL question,
not legal question It convulsng the whole nation
and it had summoned into the conflict the brains and the
character of the nation.
Yet majority of pro-slavery lawyers the Supreme
Court merely to interpret the law and not to attempt
to make it amend it, actually tried settle the IRE
pressibe conflict by judicial decision.
To the ordinary citizen this steel companies decision
may first blush extraordinary and revolution
airy will to the lawyer. But the citizen gives it
moments thought he will appreciate the dangerous char
acter of the decision to institutions.
If any citizen who is in doubt whether not are
in making this serious criticism will recall few
fundamental conceptions of American principles of govern
he will what the decision and why it
REVOLUTIONARY.
First and most fundamental and Enthusiastically
American the American principle of the separation of
powers We carry this doctrine much further than any
other nation that have been properly called its
originator.
We divide the powers of National Government into
three distinct and separate parts, to which distinctly
and clearly assign certain separate and exclusive functions
The representatives Of the people in Congress
bled make laws only accordance with the Constu
ton of the United States But long Congress stays
within the express provisions of the Constitution may
make WHATEVER LAWS 1T PLEASES
The President veto law, but that only that
Congress think twice. because Congress by a.
two thirds vote Immediately pass any over President