The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-06-14
Supreme Court Should Be Elec-
tive Position He Says.
Flag Day Observance Coupled
With @New Law" Demand.
WOULD AMEND CONSTITUTION
That's LabOr's Next Move for
Protection Says GOmpers.
American Labor Convention
Has Entire Day of Speeches.
CBy the Associated PressJ

Cincinnati. June 14.-Asserting that
by a process of gradual croachments
the country's federal courts have
"wrested sovereignty from the peo-
ple," Senator LaFoIlette of Wisconsin,
speaking here today before the Amer
lean Federation of Labor convention.
proposed a constitutional amendment
denying the lower courts power 10 set
aside a federal law as unconstitutional
and providing for supreme court null
lification of any such decision by re-
enactment of the statute.
Labor Law Is Up.
Citing the recent decision by the
supreme court holding unconstitu-
tional the child labor tax law as 'typi-
cal of the conduct of the federal
judiciary and particularly the supreme
court, whenever congress has sought
to enact progressive and humane leg
islation which was offensive to great
financial interests" Senator IaFol-
lette declared the supreme tribunal *
the country was today the actual
ruler of the American people.
"The law is what they say 1t is, the
Wisconsin senator continued, land not
what the people thru congress enact.
Even the constitution of the United
States is not what it's plain terms de-
clare but what these nine men con-
strue it to be. In fact, five OF these
nine men are actually the supreme
court has repeatedly overriden the
will of the people
Flags Tnfts Appointment.
''The nine lawyers who constitute
the supreme court are placed IN posi-
tions of power for life, not by the
votes of the people but by presidential
appointment. Ex-President Taft was
made chief justice by President Hard
ing.
THUS a man was invested with the
enormous prestige and influence OF
chief Justice by presidential appoint
rnent who had been repudiated by the
voters of the United States on his rec
ord.
mo one will contend that he could
have been elected chief justice by
vote of the people. And yet Chier
Justice Taft wrote the opinion that
annulled the child labor law; he wrote
the opinion in the Coronado Coal COM
pany case. In making this observa-
tion, I level no criticism at the per-
sonnel of the court. I am dealing
with fundamentals"
1t cannot be denied that I'VE are
ruled by judicial oligarchy," the sem
ator asserted. adding that while many
of the minor federal judges sharing
the sovereign power of the supreme
court were excellent and enlightened
men, some of them, notably Judge An
derson of Indiana, and Judge McCliu-
tic of West Virginia, have in my Opin-
ion shown themselves to be petty ty-
rants and arrogant despots.'
It's Called Unconstitutional.
In assuming to pass upon the con-
stitutionality of many laws enacted
by congress, the federal courts, Mr..
Lafollette declared, not only are ex-
ercising a power no where conferred
in the constitution bat which the
constitutional convention he said, four
times went on record as opposed t.
granting. when it was proposed that
judges should have veto upon fed
eral legislature
Heretofore the people of the United
States, Senator Lafollette said, have
met the difficult situation created bv
the courts decision on constitutional
matters by dealing with the particular
question upon which the court was at
variance with the popular will
I've have never faced the funda-
(COntinued on Page SKI