Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-06-15

ClnC1n0aI1. june l4.-AsseTtluS lndt
BY a process Of gradual encroach-
ments' the federal courts of the coun-
try have "wrested sovereignty from
the people," Senator LaFollette of
Wisconsin in an address here Wednes-
day before the American Federation of
Labor convention proposed an amend
ment to the constitution 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
supreme court holding unconstitutional
the child labor tax law as typical of
the conddct Of the federal judiciary,
and particularly the supreme court,
whenever congress has sought to enact
progressive and humane legislation
which was offensive to great financial
the supreme tribunal of the country
was to-day the actual ruler of the
American people"
THE law is what they say it is"
The Wisconsin senator continued. land
not what the people through congress
act. Even the constitution of the
United States is not what it's plain
terms declare, but what these nine men
construe it to be. I'm fact, five of
these nine men are actually the SUI
preme rulers. for a bare majority of
the court has repeatedly overridden
the will of the people.
Not Elected by Voters
'The nine lawyers who constitute
the supreme court are placed in posi-
tons of power for life. not by the
votes of the people but By presidential
appointment. Ex-President Taft was
made chief justice by President Hard
ing. Thus a man was invested with
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 law: he wrote
the opinion in the Coronado coal COM
pany case. In making this observation
] level no criticism at the personnel
of the court. / am not concerned with
personalities. l am dealing with fund
amentals."
1T cannot be denied that we are
ruled by a judicial oligarchy,' the SEN
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 the ablest. Judge An
derson Of Indiana and Judge McClintic
Of West Virginia, have in my opinion
shown themselves to be petty tyrants
and arrogant despots.'
Power Not Authorized
Assuming to pass upon the constitu-
tionality Of many laws enacted by con-
gress, the federal courts, Mr.. LaFol-
lette declared, not only are exercising
a 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 federal legislation.
Heretofore the people of the Unit
"have met the difficult situations ere
ated by the courts decision on con-
stitutional matters by dealing with the
particular question pom which the
court was at variance with the popular
will. We have never faced the funda-
mental issue Of judicial u~surpation
squarely. The time has now come to
do so. 1t would require a dozen con-
stitutional amendments to correct the
evils of the decisions which the court
has handed down within the past three
or four years.
1.-THE time has come when we must
put the axe to the root of this mon
strous 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"
LABOR FOR CHILDREN