The Washington herald., 1922-06-19
The Supreme Court.


this document has given reasonable salts
faction By adhering closely to its principles the
nation has prospered.
In some respects it is typical product o.
the times in which it was written. But the father:
were wise enough men to provide means of change
when any provision became antiquated. They were
wiser still in making sure that any change must
wait slow and studied process not likely tc
be undertaken to serve the fantasy of the passing
hour.
But this principle upon which the entire struc-
ture OF the American government is erected. is
satisfactory to Senator La Toilette, of Wisconsin
and some leaders OF the American Federation OF
Labor.
Senator La Toilette wishes the United State:
governed by an absolute autocracy of Congressmen.
Such would be the effect, least, OF his proposal
that decisions of the Supreme Court be subject to
Congressional veto He fears the personnel of the
highest bench. He is sincere, no doubt; but he is
too impatient.
The Supreme Court is the country's safety
valve. Mr.. La Toilette and his associates would
plug it up. They would keep the justices orna
ments. without seeing whom tourist could be
said to have done" Washington.
The Senator has forgotten, perhaps, that Con-
gress already has the power to initiate veto upon
any decision Of the Supreme Court if the people
of the United States desire such veto after ma
ture consideration. A constitutional amendment
prohibiting child labor. for instance, be passed
and ratified by the States. But this will require
time. Mr.. La Toilette cannot understand the reason
for delay But the American people, however much
they may detest the idea of child labor are not apt
to agree with him.
The United States Supreme Court in its 1873
years of distinguished service has occasionally de-
clared unconstitutional some possibly good" laws
But it has declared them unconstitutional because
they in harmony with the Constitution
not because of the personal opinions of the justices
1t has prevented many bad" laws becoming effec-
tive for the reason.
Our written constitutions" said James Russell
Lowell, "are obstacle to the whims, but not to
the will of the people"
These words more applicable than
today, when strange experiments in government are
in process, when some of the firm foundations upon
which human society for centuries has rested are
being shaken loose, and when knows what
the will bring forth of new and mex
plicable things
Legislative action" says Charles Warren al
the conclusion of his scholarly history of the Su-
preme Court "s not always the height or es
sence of wisdom and justice. The needs or desires
of the people not always to be gratihed at the
expense of individual rights and liberties Nor has
the American people reached a stage where it is
willing to surrender all such rights and liberties
The majority must of course prevail in the
long run and eventually court must harmonze
its jurstic conceptions with the conceptions of lib
erty and right which public opinion sustains but
q majority not always is right temporarily. There
has been some tendency in recent times to ignore
the facts OF majority tyranny, and to attribute thu
constitutional restraints adopted by the fathers to
certain monarchistc tendencies and an antipathy tc
the principles OF democracy But careful study
would seem to indicate that the fathers were ami
mated by and practical fear of the evils OF
majority tyranny"
We do not subscribe to the cynical view that
the people usually are wrong Generally, when they
have fair opportunity to express themselves they
are right But, under the reaction of deludng cir
eumstances, they are prone to make very seriou:
mistakes-errors grave that the foundations O
American liberty would be threatened if there wer.
check.
Senator La Toilette, we are assured will real
lie all this when he has devoted studied contem
platiou to the proposal he has made. He himself
we feel, would not vote for the amendment he has
proposed after the tumult and shouting were owe,
and Congress settled down to face the hard real
ties For the Senator from Wisconsin is practical
man who has never hesitated to fight for the right
as he saw t-however hopeless the cause might
appear. But at Cincinnati he spoke under unusua
conditions. He had just seen one of his own pei
projects killed by Supreme Court decision And
he faced men who righteously angry over the
notification of the child labor law-ready to place
the blame the most available shoulders
The United States Supreme Court is probably
the most powerful judicial tribunal in the world
1t represents all the people of the United States
without fear or favor. What unfortunate anc
chaotic situation would obtain if the justices wer