Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-06-19
demonstrating the Supreme Court

EOR more than a century forces from
time to time have appeared in American
politics against the Supreme Court of the
United States. forces that would re-create
that body. limit Its powers, or make it
politically responsible TO the people or re-
call its decisions Some iconocasts have
been willing to abolish it entirely, II that
should be necessary in order TO deprive
Il OF the right TO overturn an action OF
Congress.
These movements have failed, even whom
so powerful group as composed tho adj
minstration OF Thomas jefferson assaulted
the court and demanded that its authority
be more rigdly limited In our own time
tho proposals that the members OF the court
be elected by the people and that the courts
decisions be subject TO review, to affrma-
ton or reputation. by popular processes,
have met with defeat
Instead OF losing in confidence however,
this great tribunal has steadily strengthened
itself as an institution and as a bulwark as
the years have heightened into decades. 1t
has weathered many storms and survived
many drives BY propagandists. by agtators
and even by powerful political parties 1t
may have in some degree yielded from time
10 time to the manifestations of public
sentiment. AS a matter of fact. keen OBJ
servers OF the courts proceedings during
the present generation feel that ii became
impressed with the public resentment against
many existing evils, notably. the trust evil.
and that some of its earlier decisions were
influenced TO a degree by the state Of the
public mind
But it remains to be shown that at any
time since the days of John Marshall him
self the Supreme Court has surrendered 10
clamor or TO agitation upon any funda-
mental or vital issue. Nor has il been moved
by practical political considerations. It
has stood an immovable object in the
path OF those who would run rough-shod
over the Constitution.
In considering the fight which organized
labor and the La Follcttes are now making
to reform" the Federal judiciary. it might
ha recalled that William j Bryan and Theo-
dore Roosevelt no longer than decade ago
turned their fire upon the courts. demanding
the recall OF judicial decisions and pro-
viding other discipline for judges who failed
10 take popular sentiment into considera-
non And yet how many people remember
the fulminations OF that period?
II was after the fight, however. most OBJ
servers will agree. that there came one of
those periods in which the Federal Judiciary
underwent what seemed To he a toning-
down process. Tho time between the first
election OF Woodrow Wilson and the election
OF harding was time in which the Supreme
Court, for instance. appeared 20 20 much
further than before or since in following
the public will II went so far that many
OF those who believed sincerely in a court
mat is both mighty and aloof, thought that
u had lost It's dignity and compromised it's
authority against mob movements.
II Is an interesting coincidence that Will
liam \. Taft, now Chief Justice OF the
AlieC states. was conspicuous and a vast
~ influential figure in the period OF the
Roosevelt attacks upon the courts He be-
came President in 1909 and began making
judges and standing firmly FOR the Consti-
luton While Colonel Roosevelt was engaged
III cf"a,ilg new party, one OF the tcnets
o. which was The recall OF judicial decisions
II Is ne court over which this Chief Justice
now presidcs which Is the object of re-
newed assaults