The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1922-06-15
LAFOLLEI'TE ASKS
ANEW BASIC LAW
Demands Federal Courts
be Made Subserviate to
Popular Will.
CALLS JUDGES DESPOTS
Senator Speaking to American
Federation of Labor Is Bit
ter in Denunciati0n.
(By Associated Press Leased wire.)

~ASSONA~~NSN A@S$NS$0
Cincinnati. -Asserting that "pro-
cess of gradual encroachments" the
federal courts of the country have
"wrested sovereignty from the people"
Senator LaFollette of Wisconsin, in an
address here today before the Ameri-
can Federation of Labor convention,
proposed an amendmen to the consti
tuition, denying the power of lower
courts to set aside a federal law as
unconstitutional and providing for the
notification of any such decision by
the supreme court by re-enactment of
the statute.
Citing the recent decision of the SUI
preme court holding unconstitutional
the child labor law as typical of the
conduct of the federal judiciary, and
particularly the supreme court when
ever congress has sought to enact
progressive and humane legislation
which was offensive to great financial
institutions. Senator LaFollette de-
clared the@ supreme tribunal of the
country was "today the actual ruler of
the American people"
Judges Interpret the Law.
"The law is what they say it IS" the
Wisconsin senator continued, land not
what The people through congress en-
act. Even the constitution of the
United States is not what its plain
terms declare, but what these nine men
construe it to be. In fact, five Of these
nine men are actually the supreme
rulers, for by bare majority the court
has repeatedly overridden the will of
the people.
"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
selection. Ex-President Taft was made
chief justice by President Harding.
Thus man was invested with the
enormous prestige and influence of
chief justice by presidential appoint
ment who had been repudiated by the
voters of the United States on his
record. No one will contend that he
could have been elected chief justice
by vote of the people, and yet Chief
Justice Taft wrote the opinion that
annulled the child labor laws; he wrote
the opinion in the Coronado Coal com
pany case. In making this observation
1 level no criticism at the personnel of
the court 1 am not concerned with
personalities. I am dealing with fun
damentals."
Calls Some Judges Despots.
It cannot be denied that "we are
h., IND ;o1 cbIT''
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 McClintic
of West Virginia, have, in my opinion,
shown themselves to be petty tyrants
and arrogant despots."
In assuming to pass upon the consti-
tutionality of many laws enacted by
congress, the federal courts, LaFollette
declared, not only are exercising
power nowhere conferred in the con-
stitution, but which the constitutional
convention, he said. four times went
on record as opposed to granting when
it was proposed that judges should
have a veto upon fedral legislation.
Heretofore the people of the United
States" Senator LaFolette said, "have
met the difficult situations created by
the courts decisions on constitutional
matters by dealing with the particular
question upon which the court was at
variance with the popular will. We
have never faced the fundamental is
sue of judicial usurpation squarely
The time has now come to do so. 1t
would require dozen constitutional
amendments to correct the evils of the
decisions which the court has handed
down within the past three or four
years. The time has come when we
must put the axe to the root of this
monstrous growth upon the body of
our government. The usurped power
of the federal courts must be taken
away and the federal judges must be
| made responsive to the popular will"