The labor journal. [volume] (Everett, Wash.) 1909-1976, 1922-07-21
CHILD LABOR AND FEDERAL COURTS
Address of
Senator Robert NJ. La Toilette Before Convention
of American Federation of Labor,
Cincinnati June IA, 1922

lished to administer justice under
the law are more considerate of
property interests than of personal
rights.
For years the current literature
of the day has teemed with it. 1t
| is idle to say that it is confined to
the violent denunciation of the agi-
tator and demagogue. 1t has found
expression in publications of ac-
cepted standing. 1t has been the
theme of eminent publicists. 1t has
been denounced from the pulpit. 1t
has been discussed in the meetings
of National and State bar associa-
tions. 1t has become the settled
conviction of millions of worthy cit
liens of the Republic.
| say this is no longer an academic
question. Out of it has come the
demand for the recall of judges,
which is already embodied in the
constitutions of at least three states
of the Union.
In the American home, in our
schools, and in all the relations Of
life We are taught to respect and
reverence our courts. The judiciary
eminent, was set upon an eminence
of station and consecrated to a SER
vice designed to lift it above the
suspicion of perverting justice.
Standing somewhat apart from
the turmoil and clash of the ma
terial world, our courts were insured
a calm and repose where they might
hold with even hand the scales of
human justice. Nor was that all.
Through common-law proceedings
for contempt, and great body of
statutory crimes against justice, we
have thrown about them as consti-
tuted every protection AMI safeguard
which the wit of man can provide.
But this immaterial isolation, and
sanctity of position, this absence of
position, this absence of direct re-
sponsbility to the people, has led
the federal judiciary and particular
ly the Supreme Court to assume
and to exercise an arbitrary power
wholly inconsistent with popular
government.
The question is, which is supreme,
the will of the people or the will of
the few men who have been appoint
ed to life positions on the Federal
bench.
1t is idle, sir, in my opinion to
talk about a constitutional amend
ment which will merely meet the
objection to the child labor law rails
ed by a majority of the Supreme
Court. We can not live under
system of government where we are
forced to amend the Constitution
every time we want to pass a pro-
gressive law. The remedy must ade-
quately cope with the disease, or
there is no use applying it.
| fully recognize the fact that
the power which the court now eX-
ercises to declare statutes of Con-
gress unconstitutional is a usurped
power without warrant in the Con-
stituton, and it is absolutely GER
tain the Constitution would never
have been adopted had the men at
that time believed that the court
they were providing for would as
our Federal judges.
Is the remedy then such a drastic
change in the Constitution as will
forever strip the judiciary of this
power? l do not think this is nee
essary nor do l think that the pop
ular election of Federal judges
would adequately meet the situation.
| would amend the Constitution
SO as to provide
(1) that no inferior Federal Judge
shall set aside a law of Congress
on the ground that it is unconstitu-
tional,
(2) that if the Supreme Court as
sumes to decide any law of Con-
gress unconstitutional. or by inter-
probation undertakes to assert a pub
lie policy at variance with the stat
utory declaration of Congress, which
alone under our system is auth
orized to determine the public pol
icies of government. the Congress
may by repassing the law nullify
the action of the court.
Thereafter the law would remain
in full force and effect precisely the
same as though the court had never
held it to be unconstitutional.
Had such been the provision of the
Constitution the action of Congress
in passing the Child Labor law the
second time would have been effect
i've and we would have had an eff
ficient child labor law today. Had
such been the Constitution it would
not have been necessary to wait
20 years to get an income tax law
after the Supreme Court had re-
versed it's former decision upholding
the law. Were such now the Con-
stitution. the Congress could by
statute speedily correct the indie
feasible policy, asserted by the Su-
preme Court in the Coronado case,
with respect to labor unions, farmers
associations. and other voluntary or
CARNATIONS.
While of course, it is a great bur-
den upon the people to require them
virtually to pass remedial legisla-
ton twice, nevertheless where the
subject is important enough and the
interest keen enough it will not be
a difficult thing to do.