The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-07-26
What's the Matter
With the Courts?

due 10 the wisdom. the integrity ana
the patriotism Of the Legislative body
ny which anv law In passed to pres
sumo In favor Of fits validity, until
It's violation OF the constitution is
proved beyond n reasonable doubt
More than half a century the same
court held. Every possible pre-
sumption Is In favor OF the validity
or the statute and this continues un-
" contrary is~ shown beyond a ra-
tionnl doubt. d
One branch OF the .goyernment
cannot encroach upon the domain OF
the without danger. The safety
OF our constitution depends in no
small degree upon the strict observ-
ance OF tho salutary rule"
1t Is Lawyer Harper's contention
that when four supreme court Justices
hold stock dividends are taxable, and
five hold they are not. the question
has no been solved beyond n reason
able doubt. Yet the breaking" OF a
law by n bare majority OF one has
become so common as scarcely to at
tract comment. Lawyer Harper
points out further, In connection with
the stock dividend opinion:
The sixteenth amendment to the
federal constitution provides that
CONGRESS shall have the power to
lay and collect taxes on incomes from
whatever source derived This
amendment was adopted to overcome
fthe 8 TO 4 decision OF the sup eme
court which destroyed a former in
come tax law.
Now the same court, by another
5 TO 4 deciaion. virtually nullifies the
amendment. SO far as the Immense
corporate profits are concerned. Its
present opinion rests on It's former
opinion, which he people intended to
wipe out by the sixteenth amend
ment.'
Here Is another professional opin-
Ion ! have received from Lawyer
John J. lessen. OF TT. Worth, Texas.
He says in part:
Laws will avail little II courts are
TO be allowed to continue TO annul,
change, add TO-, substract 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 country. What
law IL safe " the courts are TO be
allowed, the final say In regard TO
all acts OF the Legislative branch OF
the government. a prerogative 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 thereby
making II impossible OF enforcement.
II has BEEN clouded In the same way
by u whisky judge at Louisville, Ky.
The farm loan bank act Is worthless,
Its conatitutionality has been clouded
by a federal Judge.
mo law has ever been held uncon-
s%titutionat by q unanimous decision
OF the supreme court, but this co, =;
has re-enacted laws that have previ-
ously been held unconstitutional.
This would indicate that the decisions
reflect nothing more than h per-
Psonal opinions OF the irdividual
judges who change with It's changes
OF membership.
There il only one remedy to curb
this tendency OF our courts to defeat
all reforms. moth OF legislation and
constitutional amendments. a meas
ure that will take away appellate Iur-
isdicti0n from the court In every case
where one Of the questions at issue
n the constituti0nality OF m act OF
Legislation. or the validity OF nm
executive act. In article 3 ~ tho
constitution congress Ia given this
power, and II IL time a was used 20
the limit
How these various and varlel judg-
ments OF various courts operate 10
weaken laws, even though other
judges and other courts uphold them,
Is Indicated In a ieits- / have re-
ceived from the county chairman Of
a falr-prlce commission In Texas. II
In illuminating. He fnyH:
Il -Hiafted the people tor using
cheaper cuts of meat Tlfen up
went the cheap cuts. Chuck steak
YES selling for 90 cents. Now Il has
none 10 - cents. set the price ~
! bread here at rs cents. The price
, was maintained without difficulty un-