The New York herald., 1922-06-15
union LABOR VOTES
TO TRY TO CURTAIL
POWERS OF COURTS
Committee to Weigh Ad-
vice La Toilette Offers
in His Address.
TAFTS NAME rs KISSED
Senator Declares Present
System Threatens to
Bring Despotism.
KU KLUX IS DENOUNCED
Convention Favors Accept
ance of Ford's Muscle
Shoals Offer.
KU KLUX IS DENOUNCED

Special Dispatch to THE NEW YORK HERALD.
CINCINNATI, June 14.-The American
Federation of Labor. in convention
here, after listening to denunciation
by Senator La Toilette (Wis.) Of the
action Of the courts, especially the
Supreme Court. in overruling Federal
legislation on the ground Of lack of
constitutionality, voted to-day to ap-
point committee to frame a policy
looking to the vetoing by Congress of
such notification and to the denying
of power to the lower courts to set
aside a Federal law as unconstitu-
tional.
This action was taken as the re-
suit of what seemed to be almost
unanimous approval of the views of
the Wisconsin Senator. The policy to
be framed, it is expected, will take the
form of drive for an amendment of
the Federal Constitution providing
that in the event of the overriding of
a Federal law by a decision of the
Supreme Court, Congress shall have
the power to put it back on the stat
ute books by reenacting 1T.
The committee which will frame the
new policy was directed to review all
the decisions rendered by the Supreme
Court regarded as hindrance to la
bor. The committee likely will be ap-
pointed in a few days and take up
it's work before the end of the pres
ent convention.
Senator La Toilette proposed the fol-
lowing amendments to the Constitution.
which he said would be effective in
l,eeping the courts from overriding the
Will of the people:
That no inferior Federal Judge shall
set aside law of Congress on the
ground that It is unconstitutional.
That il the Supreme Court assumes
to decide any law of Congress uncon-
stitutional, or by Interpretation under
takes to asset a public policy at vari-
ance with the statutory declaration OF
Congress, which alone under our system
Il authorized to determine the public
Iolicies of Government. the Congress
may. by repassing the law. nullify the
action of the court.
On1eI JuStICC
Spirited criticism was aimed at CHIEF
Justice Taft by Senator La Toilette, and
when the Chief Justices name was men
toned tie labor delegates Kissed. This
was silenced when Samuel Gompers,
president of the Federation, motloneo
the delegates to be quiet.
"A century and a half ago." said SEN
ator La Toilette, "our forefathers shed
their blood in order that they might
establish upon this continent a govern
ment deriving its just powers from the
consent of the governed In which thu
will Of the people expressed through
their duly elected representatives. should
be sovereign.
by u process Of gradual encroach-
ments, uncertain and tinid at first, but
now confident and aggressive, sovereign
" has been wrested from the people AMI
usurped by the courts.
To-day the actual ruler OF the Ameri-
can people Is the Supreme Court OF the
United states.
The law Is what the Supreme Court
says 1t is and not what the people
through Congress enact, aye. even the
Constitution of the United States Is not
what it's plain terms declare, but what
these nine men construe II to be.
I'm fact, five of these nine men are
actually the supreme rulers, for by a
bare majority the court repeatedly has
overridden the people as declared by
their representatives in Congress, and
has construed the Constitution to mean
whatever suited their peculiar enonomic
and political views.
THE nine lawyers who constitute the
Supreme Court are placed In positions
OF power for life. not by the votes of the
people, but by Presidential appoint
ment.
"Ex-President Taft"-here the hiss
ing occurred--"was made Chief Justice
by President Harding Thus a man was
invested with the enormous prestige and
influence of Chief Justice of the Supreme
Court by Presidential nomination who
has been repudiated by tho voters of
the United States on his record as Presi-
dent.
Does Not Represent People,
mo 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 Company.
an making this observation level
no criticism at the personnel of the
present court. / am not concerned with
personalities. I am dealing with funda-
mentals The present court is probably
up to the average Of that court In abil-
ity. wisdom and character. but these
Judges, even though they sit upon the
Supreme Court bench of the United
states, are, after all, but men.
II am concerned only with allowing
them. or any other body of men so
chosen, to have the supreme power over
the happiness, the rights and the very
lives Of the 110,ooo,oo0 people of the
United States.
Sharing the sovereign power OF the
Supreme Court, but In every way SUBJ
ordinate to Il. is an array of minor
Continued on Page Two.
IT,