The Elk Mountain pilot., 1922-08-24
Vicious Usurpatiion

Vicious Usurpatlon
on 15, 1922 Senator La Toilette addressed the
cinnati the decision of the Supreme Court multiplying
the child labor law This courageous address provoked
onay Senator's that Senator La Toilette took the battle
the floor Of the Senate June 81 and served notice
Congress and the country that he would Immediately
press for constitutional amendment forever protecting
he liberties of the people against the encroachments of
BY SENATOR ROBERT NJ. LA TOILETTE
Continued from last week)
Usurped Power of Courts Must be Abolished
Heretofore the people the United States have met
the difficult situations created by the courts decisions
constitutional matters by dealing with the particular
question which the court at variance with the
popular will When the held that sovereign state
might be sued by the citizen of another state the people
indignant but they cured this situation by speedily
passing the eleventh amendment. The people of the
United States cured the situation created by the Dred
Scott decision by the adoption after Civil War; of the
thirteenth and fourteenth amendments When the Su-
Court held the income law invalid the people
after 80 able to this situation by the
adoption of the sixteenth amendment, which, have
seen the Supreme Court has already partially nuled
by exemptng stock dividends from taxation. And now
we will probably have to have stock dividend consttu
tional amendment.
We have faced the fundamental issue of judi
cal usurpation squarey with determination to make
end of it once and for all.
The time has come do So 1t would require
dozen constitutional amendments the evils of
the decisions which the has handed down within the
past three four years.
THE TIME has COME WHEN WE MUST PUT
/ THE AK TO THE ROOT OF THIS INDUSTRIOUS
GROWTH UPON THE BODY OF OUR GOVERN
MENT. THE USURPED POWER OF THE FEDERAL
COURTS MUST BE TAKEN AWAY AT ONE STROKE
AND THE FEDERAL JUDGES MUST BE MADE RE
SPONSIVE TO THE BASIC PRINCIPLE OF THIS
GOVERNMENT.
Constitutions and statutes and all the complex de-
tails government ordained, established, and sup
for the sole purpose of expressing and
the sovereign will of the people
The Remedy
Now as to remedy
The subject is one to which I have given much
thought For have the day coming when the
Federal Judiciary must be madeto some extent at least
subject the will of the people, must abandon
the that the people rule in this country We have
created-or at least have suffered-to up within
our land Frankensten which must be destroyed else
it will destroy And destroy that Frankenstein
without destroying the constitutional court that
ated for us by fathers if will go about it.
No student existing conditions, however conserva-
tive he may be- the alarming fact that there is
widespread and growing belief in the public mind that
courts and kindred tribunals established to admin
lister justice under the law consderate of
erty interests than of personal rights.
| For years the current literature of the day has
teemed with it, 1t idle to say that confined
violent denunciaton of the agitaor and demagogue 1t
has found expression in publications of accepted standing
1t has been the theme of eminent publicsts. 1t has
been denounced from the pulpit 1t has been discussed
in the meetings of national and state bar associations 1t
has become the settled conviction of millions of worthy
citizens of the Republic.
say this in longer academic question. Out of
it has 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 schools and in all the
relations of life taught to respect and
The judiciary alone of all institutions of
government upon emnence of station and
secrated to service designed to lift it above the
picion of perverting Justice A-f
Il Standing somewhat apart from the turmoil and clash
of the material world insured calm and
where they might hold with hand the scales
of human justice. Nor that all. Through
law proceedings for contempt and body of satu-
tory crimes against justice thrown about them
constituted and safeguard which the
wit of man provide.
But this isolation and sanctity of position, this
sence of direct responsibility the people, has led the
Federal judiciary, and particularly the Supreme Court
to and exercise arbitrary wholly
sistent with popular government
81 The question which supreme, the will the
people the will of the few who have been appoint
u ed to life positions the Federal bench
i Constitutional Amendment to Abolish Judicial Veto
Il 1t is idle, SIR in opinion, to talk about constitu-
tonal amendment which will merely meet the objection
to the child labor law raised by majority of the
rene Court We cannot live under of govern
ment where forced to amend the Constitution
every time want to progressive law. The
edy must adequately with the disease there is
i no use applying it,.
u fully recognize the fact that the power which
court exercises declare of Congress
constitutional is usurped power without warrant in
the Constitution, and it is absolutely certain the Con-
at that time believed that the they providing
for would the powers exercised by Fed
era judges Every student of history
true Is the remedy then, such drastic change in the
Constitution will forever strip the judiciary of this
power? do not think this is necessary do think