The labor journal. [volume] (Everett, Wash.) 1909-1976, 1922-07-21
CONTINUED from last week.

to the Constitution was in large part
/ nullified. This amendment empow'
cred congress to lay taxes ION in
comes from whatever source derived
| But by bare majority five to four
the Supreme Court held that this
did not cover income in the form OF
stock dividends.
Listen to what the minority, COM
prising the ablest members of the
court, said with regard to this de-
cision:
"If stock dividends representing
profits are held exempt from taxa
ton under the Sixteenth Amendment
the owners of the most successful
business in America will, as the facts
in this case illustrate, be able to es-
cape taxation on a large part of what
is actually their income"
1t was further declared by the
minority: "That such result was
intended by the people of the United
States when adopting the Sixteenth
! Amendment is inconceivable."
/ wish to recall to your memories,
the decision of the Supreme Court Ill
| the Steel Trust case. This was de-
cided by bare vote Of four to three,
inasmuch as Justices Brandeis and
McReynolds did not participate in the
decision. Justice Day in this case
delivered the dissenting opinion,
which criticises the decision of the
majority in these burning words:
CAS- | understand the conclusions
of the court they amount
to this: That these combinations
. =. although organized in
plain violation and bold defiance of
the provisions of the (Sherman) act,
nevertheless are immune from a de-
cree effectually ending the combina-
tions and putting it out of their pow
er to attain the unlawful purposes
sought, because of some reasons of
| public policy requiring such conclu-
, sion. l know of no public policy
which sanctions a violation of the
law, nor of any Inconvenience to
trade. domestic or foreign, which
should have the effect of placing
combinations, which have been able
to thus organize one of the greatest
industries of the country in defence
of law, in an impregnabe position
above the control of the law forbid
ding such combinations. Such a con-
| clusion does violence to the policy
| force, runs counter to the decisions
of the court, and necessarily results
| in a practical notification of the
act itself"
Another set of decisions particu-
larly affecting the rights of labor
We're the so-called picketing cases in
one of which the court nullified the
power of the state legislature to de-
| h. WI Iph rOial Il
citing might be carried on and in
absurd rules upon the subject. This
case well illustrates the tendency of
the courts not only to legislate by
evading the acts of congress, but
even to enter upon the field of pre-
scribing minute rules and regula-
| tions upon any subject which 1t
| chooses.
| cannot leave these decisions, linn
| to you the criticism which Justice
Brandeis) delivered with reference
now famous Abrams case. To my
mind this case, incolving the funda-
mental right of freedom of speech,
|
| to which the court is prepared to go
under the influence of it's prejudices
and passions. Justice Holmes did not
mince words when he said in his dis
senting opinion:
an this case sentences of twenty
years Imprisonment have been i'm
posed for the publishing of two leaf
| lets that | believe the defendants had
as much right to publish as the gov
| eminent has to publish the Constitu-
ton of the United States now vain
ly invoked by them. :. Only
the emergency that makes it imme-
| dately dangerous to leave the cor
rection of evil counsels to time, war
rants making any exception to the
sweeping demand Congress shall
make no law abridging the
| freedom of speech l re-
| gret that | cannot put into more i'm
| pressive words my belief that in
| their conviction upon this Indictment
the defendants were deprived of their
rights under the Constitution of the
| United States"
Heretofore the people of the United
States have met the difficult situa-
tons created by the courts decisions
| on constitutional matters by dealing
with the particular question upon
which the court was at variance with
| the popular will. When the court
| held that a sovereign state might be
| sued ythe citizen of another state,
| the people were indignant, but they
cured this situation by speedily pass
| ing the Eleventh Amendment. The
people of the United States cured. the
situation created by the bred Scott
decision by the adoption. after a Civil
| War. of the Thirteenth and Four
teenth Amendments. When the Su-
preme Court held the income tax
| law invalid. the people after thirty
years, were able to cure this situa-
| ton by the adoption of the Sixteenth
Amendment, which, as we have seen,
the Supreme Court, has already par
TALLY nullified by eXempting stock
| dividends from taxation.
We have never faced the funda-
mental issue of Judicial Usurpation
| squarely.
The time has now come to do so.
| 1t would require a dozen constitu-
| tional amendments to correct the
| evils of the decisions which the court
has handed down within the past
three or four years.
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
Now, sir. as to a remedy!
The subject is one to which | have
given much thought. For years
have seen the day coming when the
Federal judiciary must be made. to
some extent at least, subject to the