Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-06-23
THE NEWEST PLAN TO LET
EVERYBODY DO AS he PLEASES
II Provides That Labor Organizations
Shall Have SO Great Privileges That
We All viii Seek to Join Unions


There was Il time when the Constitution
was regarded as one of the most perfect in
struments of government ever devised 1t
was praised as an admirable guarantee Of
the liberties of the people and as Il bulwark
against tyranny. The provisions setting up
the bounds beyond which Congress may not
go. prescribing the limits of the jurisdiction
of the Federal courts and the extent Of the
authority of the President commanded the
admiration of foreign observers and the
pride OF the Americans in their political
skill.
But most of the comment on the Con-
stitution which we are hearing nowadays is
radically different from this. Gilbert f.
Roe. once n law partner Of Senator In Fol-
lctto. wrote n book few years ago devoted
TO damning the supreme Court rs Il judicial
ouGarchy because the court had been cxer
"isinc its constitutional functions and had
been bod enough 70 say that Congress had
exercised powers that il did not possess in
passing certain laws. and that the laws
were therefore invalid. Senator La Toilette
has recently been repeating these charges
and the American Federation of Labor has
been applauding him.
Here we have the answer to Congressman
Campbells question, and it IS that when
one branch of the Government disrcgards
the Constitution in doing something that
peases you the Constitution should he ig-
nored. and that when another branch of the
Government. also in the exercise of its
constitutional powers. does something that
dspleases you 1t should be denounced for
the usurpation of power. In other words.
the Constitution should never be allowed to
interfere with what you want to do. but
should he invoked only to prevent any one
else from interfering with you.
But this Is only partial answer The
interests which find themselves hampered by
the older view of the Constitution have
lately begun to advocate its virtual abolition
so that Congress could do anything that it
peases. They would have Congress repass
every law which the Supreme Court had
invalidated and have it agreed that this
second passage Of the law should act as
a veto on the decision OF the Supreme Court.
just as the overriding of presidential
veto nulifes a hostile decision of the Presi-
dent.
The vital difference between n presidential
veto and supreme Court decision does not
trouble the new school of statesmen. They
are impressionists who do not think. yet if
forced to defend themselves they would In
sist that impressionism has It's place in
government it has in art.
The President is part of the law making
power. as, save when two-thirds OF Congress
IiCnp Nj al
sary to every act. His disapproval is
usually based on considerations of policy or
eXpediency and almost never on the question
of the invasion Of guaranteed rights. The
Supreme Court. however, vetoes an act Of
Congress on the ground that Congress ex-
Ceeded its power in passing it. The court
was established to protect the people against
invasion of their rights by any branch of
the Government. But we are now told that
no one has any rights which Congress IS
bound to respect.
The situation. however is not 50 bad as
it might appear at first blush. The Fed.
Grafton of Labor is proposing an amendment
to the Constitution which would remove all
restrictions from the power of Congress and
it is urging the repeal Of all laws which
hamper labor unions and their members
from doing what they please. According TO
Il superficial view, the success of this pro-
gram would make Of the members OF the
labor unions n privileged class. But if the
program should be carried through, all that
the rest of us would have to do would be
10 join the existing labor unions or TO
organize new labor unions in order to enjoy
all the privileges which the members Of the
older unions enjoy. Then there would be
no privileged class, for we would all be on
the same plane.
Nothing would do more to hasten the
formation Of one great union Of which the
labor leaders have been dreaming. We all
work. The president Of the steel trust
works MS hard as Mr.. Gompers. the presi-
dent of the Federation Of Labor. So there
could be n subordinate union of officers Of
steel companies another of bankers. third
of lawyers n fourth Of doctors. fifth Of
teachers of all kinds, n sixth of retail and
wholesale merchants. a seventh of cotton
manufacturers and SO on through all the
| occupations, including baseball players. pro-
fcssional golfers, artists models chaufreurs
and bootleggers. And when they were all
federated, as of course they would be under
the inducement of the new system, we
should have to look 10 the federation off
cials to settle the disputes that arose among
the subordinate unions and we should have
a government of the unions, by the unions
and for the unions, in place of the Govern
ment set UP by the Constitution.
1t might work, and then again it might
not.
Yet, after all, Mr.. La Toilette aud the
Federation of Labor have n perfect right to
propose any changes IN the Constitution
which they favor, and they have right to
discuss them at length and to seek to per-
suade the country TO adopt them: for even
in spite of all the fulminations against the
Supreme Court. 1t has not yet interfered
with the right of men to advocate anything
save riot and forcibe revolution.