The Elk Mountain pilot., 1922-07-27
Vicious Usurpation

~ addressed Lne
cinnat the decision Of the Supreme Court nulfying
such in the ctonary press reac-
to the Of the o and
Congress and the country that he would Immediately
the liberties Of the people against the
~ By SENATOR ROBERT M. LA TOILETTE
CENTURY and half ago forefathe,s she'd their
blood in order that they might establish upon conti
nent deriving its just powers from the con-
sent of the governed in which the people,
through their duly elected
be sovereign.
By process of gradual uncertain and
tmid at first but confident aggressive sover-
eighty has been wrested from the people usurped
the courts.
Today actual ruler of the American people is the
Supreme Court of the United States.
The law is what they it s and what the peo-
pie through Congress Aye Constitution
OF the United States is not what its plain
but what these nine construe it to be.
In fact five of these nine actually the SUI
preme rulers for by bare majority the court has re-
peatedy overrdden the will the people declared by
their Representatives in Congress- and has
Constitution to whatever peculiar eco
nomic and political views
The nine lawyers who constitute the Supreme Court
placed in positions power life not by the votes
of the people. but by presidential appointment
Taft Repudiated by Voters
xPresident Taft was recently made Chief Justice by
President Harding Thus invested with the
enormous prestige and influence Chief Justice of the
Supreme Court by presidential appointment wo had been
rpudated by the voters of the United States
freSfuent. a
term Of his administration Chief Magistrate and had
studied his attitude his acts his sympathies on public
questions for four they declined reelect him
President
No will contend that he could have leen elected
Chief Justice of the Supreme Court by the people
And yet made Chief Justice by presidential appointment
Mr. Taft wrote the opinion that annulled the child labor
law He also wrote the opinion in the Coal Co.
case.
Ruled by Judicial Olfgarchy
In making this observation level no criticism at the
personnel of the present court with
personalities. dealing with fundamentals The
court is probably up average of that
in ability wisdom and character but Judges even
though they sit upon the Supreme Bench of the United
States, after all but concerned only with
allowing them other body of chosen to have
supreme power the happiness, the rights and the
very lives of the 11OO000O people the United States
Sharing the sovereign power of the Supreme Court
but in subordinate it, array of minor
Federal judges Many of these Federal judges are
lent and enlightened with high sense of Justice
Some OF them, notably Judge Andrews of Indiana and
Judge McClintic of West Virginia have, in my opinion
shown themselves to be petty tyrants and arrogant
despots
Here again am not attacking the personalities or
opinions of individual judges. I am dealing with the
fact which be denied that we are ruled by iu
dicia ogarchy Even if all these Federal judges were
men of the greatest wisdom the most rreproachabe
character and the broades views the of the
alton would not be altered If this were the case and
unfortunately it is not would merely have benevo-
lent despotism-a system repugnant every American
ideal.
Judicial Veto Unconstitutional
From what it may be asked have the Federal
Judges derived the supreme power which they now so
boldly assert! Not only such power given the
Judiciary in any Constitution State or Federal but the
records of the Constitutional Convention show that when
it was proposed in the Constitutional Convention that
Judges should have veto acts of Congress- it
decisvely defeated four separate at
time received the support of three States AS
matter of fact, member of the Constitutional Con-
venon bold enough to bring forward proposition
that Federal judges should power of nullifvnp
law after it had been enacted by Congress and