Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-09-15
BY International Labor News Service,

BY International Labor News Service.
Washington, ID. c., Sept. l4-"Law-
less courts is Senator Robinson's
Characterization of the Federal court
of Chicago because of its issuance of
temporary injunction against the
striking shopnen In response to the
request OF the Administration.
81 say that the injunction In this
case is an abuse of the authority of
the Federal courts, because ii violates
the laws of ongress and because il
infringes, or seeks to infringe, upon
the constitutional rights of citizens. I
go further now and say that it is an
attempt, apparently, to settle strike
by an injunction, and that the laws
of the United States do not, express
ly or impliedly, give the Attorney
General or the courts that power"
said the Senator.
"Lawless courts represent an
archy in its worst FORM" he said
in the course of his address to
the Senate on Wednesday, Sep
tember 6. Nothing is to be
feared from enemies who blat-
antly assail our institutions. Be
ware, however, of those who in
the name of Americanism wink
at the exercise of unlawful
authority and condone violations
of the Constitution and laws.
These are the real, the danger
Gus enemies of liberty; the real
foes of republican government"
Part of Senator Robinson's ad-
dress follows:
In a manifest effort to end the
strike by injunction, following, as il
is alleged, preeedents heretofore es-
| tablished in certain industrial strikes,
the Attorney General has prompted
the district court at Chicago to issue
an order which is not only plainly in
violation of the Clayton Act but which
/ likewise trangresses the Constitution
of the United States in the following
particulars:
/. By abridging freedom Of
speech.
2. Freedom of the press.
3. The right of the people
peaceably to assemble.
The Chicago Federal district court
issuing the injunction has only such
powers as are conferred upon it By
law. The Congress has not attempt
ed to authorize the Federal courts to
abridge the privileges mentioned, and
certainly could not do so if it tried.
UnwaTranted Assumption of
Authority.
The alleged advantages to the pub
lie to be derived from this legal pro-
cess, issued in excess of the judicial
power, are more than Offset by the
permanent impairment of the repu-
tation of the Federal judiciary for in
tegrity and impartiality which must
result from such an unwarranted as
sumption of authority. No court
order violatiye of constitutional
rights may be countenanced, even If
it finds sympathy among influential
bodies Of our citizenship, or, for that
matter, in widespread public opinion.
From the beginning Of the Govern
ment wise statesmen have feared that
the Federal judiciary may become the
instrument for nullifying the Consti-
tuition which it was created TO up
hold. This fear was epitomized by
jefferson when he said:
''The great object Of my fear is
the Federal judiciary. That body,
like gravity, ever acting, with noise
less foot and unalarming advance,
gaining ground step by step, and
holding what it gains, is engulfing in
sidiously the special governments into
the jaws of that which feeds them.
There is no danger / appreheud
so much as the consolidation Of our
Government By the noiseless and
therefore unalarming instrumental
ity of the Supreme Court This Is
the form in which federalism now
arrays itself, and consolidation is the
present principle Of distinction be
tween Republicans and pseudo Re
publicans but real federalists.