New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-09-01
!. - senator. Addressing
s. "a, ASSOCIATION, Decries
golIesse's ASSAULT ON
g!.l,es. q. S. Judiciary
x,.,,,. Foes OF Order
!, ,;u,e Now for Attacks
4 i, Government, With
3. Disreepeci Increasing
---s--.- -
s,,..g4E 10 TAs Tf,fbsns

ssysssing the Minnesota State
= ,..oe;atien here tonight, replied
4 rsrsnt attacks made on the Su-
Y z fsart az The United States by
II Toilette. He branded the
..s.sn Senator'S remarks as the re-
q i the ancient assault on the
4 w idea o. constitutional gov
s...sn Institutions would fall for
+ ~ Bcyeridee said, when the
FL :. Court was prevented from
'ss.s;re IA power and duty to uphold
jslss s.sssaamef,tal law OF she country.
e. sswil ssness abroad in the land.
~ ssssker urged that IL the power OF
e ssyren,e Court was TO be reduced
3 sssYe constitutional means of
n .s;,r that end which should be fol-
Is4sa 5. ....... apho No
sssrseut Of the American Censtitu-
81 I'nder Johh Marshall" Mr.. Bever-
.s said in part;
I,eader of Radicalism"
i ,eneyal Of the ancient assault
sc sbs American idea Of constitu-
sssl government has commenced. The
I'd ' rsn IL this attack was fired by the
~, daring and brilliant leader Of
sS.t;css faGicaiism, ScnAtor Robert
NTia toilette, at the las. convention
@sas American Federation Of Labor.
sSsaatof LIS Toilette declared that
:. sre ruied By d judicial oligarchy,
Il suurs;se Court Of the United
s,,s.s which, he says, exercises the
sss,rssd, ysser Of iavalidating any
lsSsiaticr thet, in the opinion Of the
Lees, violates the Constitution of the
;ts3tsd states. He asserted that we
s.ys created, or at least have suffered,
4 srow 40 within our land d Franken-
.,.in. which must be destroyed or else
viii destroy US.
senator La Toilette then announced
lat the time has come when we must
~ the ak to the root of this mon-
srsas growth upon the body of our
,sgsrnnlent and that the usurped
ssssr OF the Federal courts must be
lsssn away at one stroke.
Kaleidoscope Interpretation
II Congress alone is to interpret
Ia Constitution for itself, then neces-
ssrly, there would be as many differ
a meanings given to the Constitution
]. there would be changing Congress
ssnai majorities of different opinions.
Ii The nature of things. Congressional
jassgpretation OF the Constitution is
ssls!doscopic Interpretation.
Precisely the same reasoning ap-
plts to state courts and state consti-
;usicns. State tribunals pass upon the
tesstItutionaiity of state laws; and
tate Sa2reme Courts exercise exactly
IL same function in exactly the same
rsaner with reference to state laws
md ronstitations that the Supreme
csat Of the United States exercises
with ftfrrence to acts of Congress and
esf National Constitutions.
Ystneither Senators La Toilette nor
Oven, nor anybody else. even suggest
saat state tribunals should be shorn
Il their supervisory power over legis-
lssson. The courts of Wisconsin and
Oklahoma perform the same duty and
szsrt The same authority over the acts
d Tie legislatures of both states that
eur nstienal courts do over acts of
Congress.
The principle is identical. If it is
sspng Tor national courts to invalidate
sttsaal legislation it is equally wrong
fas ssste courts to invalidate state leg
station.
Would Annihilate Government
Ehy, then, do not our modern
Esrsls assail what they call that evil
fasiple wherever it appears Why do
asy attack only the national judiciary
~ declaring acts of CONGRESS an
asstitutional and acquiesce in the
sane Thing when done by the courts of
ssis own states?
successfui, this present day as
aLa on our American judiciary would
ssaalnlia.e our peculiar and distinctive
Meutah form of government. Tear
s,sa sae Supreme Court of the United
sasse lss power and duty to interpret
Aannaold Che fundamental law of the
sspapne and American institutions, as
safaae and developed by five genera
ssas " free men will have fallen for
tashost respected, trusted and rev
- ornamental agency on earth is
as supreme Court of the United
III. The American people, as a
,,; $50 nave more confidence in that
ssss slafs combined wisdom, integrity,
ss aaey ana Informed devotion to
M man IN any other set of men.
,,.s = = the beginning this now ex-
Is,s s.ogust stood low in public opin-
&c. aas, u was for third of CEN
nIrsa sss,ssssd to continuous abuse,
asadlls ehiesS NJ and d,.s ATTACK <. Bat,
~ - 'sarlsssly performed generation
ii az sNsaasr a the Supreme Court
" ssakinS 'ee'n sho admiration OF
aeid in Public Esteem.
Js, sas personal conduct Of the cbief
s,ssss and Associate justices e Of the
i s sstsss;esso, Court Of the United States
III I',ss ssag exclusively to their ind;.
III QIsies ana =, Sth Jauh