Arizona republican., 1922-06-16
FRIDAY MORNING. JUNE ls. 1922
He auho comes up to his o,cn idea
of greatness must haze had a very
loaU standard of 1T IN his mind.
-Hazlitt.
A Renewed Attack Upon .h. Court.


~ 1t would be sad day in America when the
kconstuon should be amended that congress could
Iexercse veto of supreme court decisions and when
courts could no longer pass upon the constitutional
litv of laws Our system of government would oe
sbaf DESTROYED by the practical elimination OF the
judicial branch.
we are not however, surprised that Senator La
sFollette should advocate so radical departure from
Ea fundamental principle of the government. the
senator has always had his eye on the main chance
hut he has chances left 1t Is quite natural
that he should seize the only one and attempt 10
Eurrv favor with the American Federation of Labor
and all persons who opposed to orderly process.
The senator was on trial for obstructive conduct
kwhen we were at But nothing he said or dio
in that period could have been as harmful as the
statement he made in the federation convention ON
"wednesday when he declared that the country was
ruled by a judicial oligarehy.
II This proposal to curb the power of the courts
is not new one 1t has been advocated from time
ito time by Socialists Populists generally by Adui-
damtes and of course always by anarchists. 1t Is
h,redcated upon the untrustworthiness Of courts IL
ahey are untrustworthy they should be abolished, II
hot their hands should be free.
II The present furore from the decision Of the
united states supreme court declaring the so-caled
child labor law to be invalid AS matter of fact
1t was not child labor law but law imposing
"a tax upon the products of child labor. This is the
Ahird attempt federal legislation against child
aabor Some years ago prohibition of it was directly
Ahade by congress That was held and properly held
10 be an attempted exercise by congress of power
(which had not been delegated to it.
Then six years ago. there what now appears
10 have been silly attempt accomplish this legis-
sation in different way-to bar from interstate
sunlmerce the products of child labor. federal
kudge held that that was only effort to accom-
A,sh by indirection what congress had been forbid
sien to do directly. Then the child labor tax
law, worse than either of the others.
! There is another way to attain the end sought
bnd we have no doubt that can be easily and sue
re ssfully employed--by constitutional amendment
Sivng to congress such power it has been vainly
shying to exercise. Certainly such an amendment
ssould be made much more easily than to rob
ahe courts of their power pass upon the consti-
buionaty of laws and leave them with only advisory
bowers.
It was contemplated from the beginning that
There would be unconstitutional legislation and the
constitution itself made provision for distinguishing
between valid and invalid legislation. The power OF
distinction given to the only logical and compe-
tent body, the courts and not to body composed
largely of persons who are not learned in the law
we have too often witnessed the cowardliness
of congress which for euphenism is sometimes cahed
4he responsiveness of congress- the attentiveness OF
ats ear to the clamor of the mob The average con-
CHEESEMAN'S vote as final action on supreme court
decision would be influenced not by his STUDY OF the
haw but by the wishes of his constituents. The
sAdanson law which has led such train of evils was
kassed by men who knew better but who looking
ho the elections which were to be held little later.
And then when president who might hold such
An iron grip as President Wilson held would be In
position to direct congress interpretation of law
hnd the constitution in passing upon supreme court
decisions and thus the three branches of the
4ent would be reduced to but onethat of the execu
tive whose power would become more despotic than
that of any medieval autocrat.
/ The wisdom of the fathers gave to us the three
eo-ordinate departments of government Only folly
MOULD deprive of of them or disturb the
balance of the powers which were given to them