The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1922-06-14
La TOILETTE
RAPS POWERS
OF COURTS
Senator Says Supreme
Judges Should be Re-
sponsive to People

CINCINNATI, June i4.--Ausert-
ing that By u process Of gradual
cncroaohments the federal courts
Of the country have wreated SOW
ereignty from the people," senator
fafolletto OF Wisconsin In address
here today before tho American
Federation OF Labor convention.
proposed an amendment TO the
constitution and providing for the
nuiliflcation OF any such decision
by the supreme court BY re-ennct-
mcnt Of the statute.
Citing the recent decision OF the
supreme court holding unconHtitu-
tional the child labor tax law as
typical OF the conduct OF the fed
eral judiciary and particularly the
supreme court, whenever congress
has sought to enact progressive
aud humane legislation which was
offensive to great financial inter-
,estr." Senator LaFolictte declared
the supreme tribunal Of the coun-
try was to-day the actual ruler OF
the American people"
The law In what they say u IA"
the Wisconsin senator continued.
''and not what the people through
congress enact. Even the con-
stltution of the United States ~
not what It's plain terms declare
but what these nine mon conatruo
a to be. In fact. five OF those nine
men are actually the supreme rul-
era. for by bare majority tho
court has repeatedly over-ridden
the viii OF the people.
THE nine lawyers who cohsii-
tute the supreme court are
placed In positions of power for
life. not by the votes Of the people
but by presidential appointment.
Ex- President Taft was made chief
justice by President Harding. thus
a man was invested with the
enormous prestige and influence OF
chief Justice BY presidential APP
poin;ment who had been repudiat-
ed by tho voters OF the United
States on his record. No one VIII
contend that he could have been
elected chief Justice by vote Of the
people And yet Chief Justice
Taft wrote the opinion that an
nuiied tho child labor law; he
wrote the opinion In tho Coronado
Coal company case. In making
this observation level no criticism
at the personnel Of the court L
am not conoerncd With personal
tiles. am dealing with fundn-
Evils Poimc,i Out
I, cannot be denied that I'VE are
ruled by a judicial oligarchy', the
senator asserted, adding that while
many of the minor federal judges,
"AharinR the sovereign power" OF
the supreme court, were 'excellent
nf
them, notably Judge Anderson OF
Indiana and Judge Mcciintic OF
West virginia have. In my opinion,
shown themselves 10 be petty
tyran,a and arrogant dcspots."
In assuming To pass upon the
constifutionality OF many laws en-
acted by congress. the federal
courts, SIR f.aFollette declared,
not only are exerciHing a power
now bore conferred In the conHtitu.
tlon Lat which the constitutional
convention, he said. four times
went on record as opposing 10
granting, when Il was proposed
that Judges should have "a veto
upon federal legislation.
''fieretoforc the people OF the
United States" Senator fAFollette
said, have met the difficult situa-
t,ons created BY the courts de-
cislon on constitntionai matters by
dealing with the particular qucs'
tion upon which the court was al
variance with the popular will. We
have never faced the Fundamental
issue of Judicial ugurption squaroly
The time has now come to do 80
n would require a dozen conrtitu'
tlonal amendments TO correct the
evils OF the declaiona which the
court has handed down within ths
last three or four years.
'sThe time has come when W.
must put the axe 60 The root ol
this monstrous growth upon IN
body OF our government. Ths
unurped power OF the federal court
must be taken away and the fed
erai Judges must be made res
ponslve 10 the popular Will"
NEW YORK. June i4.---Direc
tors Of the Sinclair Consolidated