Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1923-05-18
COURTS USURP
FUNCTIONS OF
LEGISLATURE
By John K. Ford.

by JOnn II. fOFu,
Justice, New York State Supreme
Court.
Our criticism is not leveled at the
courts in their capacity as arbiters
in controversies involving personal
rights but only in the exercise of the
usurped power to decide political
questions which rightfully belong to
the domain of legislation. Clinging to
the shore in quiet back waters, the
judges are insensible to the turbulent
rush of the mighty stream of human
activities and least of all qualified
TO understand the multifarious rela-
tionships and conditions of industrial
affairs or the complicated problems
which grow out of them. Those ques-
tons should be dealt with by legisla-
lures composed of the responsible
representatives of the people under
the free play of public opinion. For
public sentiment in the long run will
rule the country just as the founders
of the government intended il should.
There is a more ominous feature in
the tendency of the judiciary to legis-
late for the people. The simple fact
is that of all departments of gov
eminent the judiciary has bee nlooked
after by the interests. Their influen-
tial lawyers have faithfully sought
to get safe" judges on the bench.
That is safe" as Wall Street under
stands the term. Particularly have
they been successful in procuring the
appointment of safe" Federal judy
es. Consider the line of presidents
We have had during the past century.
Think of the baleful forces through
which some of them were nominated
and elected. Ponder on the malign
influences which surrounded them in
office and operated upon their minds
in respect of all judicial appoint
ments. Is ii any wonder that we have
safe" Federal Judiciary? And
the judges they enpointed are in
office for life and wholly irresponsi-
BILE to the people over whom they
presume to exercise sovereign pow
err. And this in a government of,
by, and for the people! Verify is
When | read Chief Justice Taft's
bold utterance of independence of the
popular will as expressed by Con-
gress, ! thought of that naughty
manifesto issued by Henry XIII to
his subdued subjects after their poor
attempt at rebellion against his cruel
oppression. He told them, as relat-
Cd by Hume, that they ought no more
to pretend giving judgment with
regard to government than a blind
man with regard to colors. "And we,"
he added, with our whole council,
think it right strange that We, who
are but brutes and inexpert folk, do
take upon you to appoint US who be
| meet or not for our council"
Some years ago no less an author
ity than Justice Harlan, one of the
ablest men who ever graced the SUI
preme Court bench. declared:
when the American people come
to the conclusion that the judiciary
of this land is usurping to itself the
functions of the legislative DEPART
ment of the Government, and by
judicial construction only is declar-
ing what should be the public policy
of the United States, we will find
trouble. Ninety millions of people
all sorts of people with all sorts of
opinions-are not going to submit
to the usurpation by the judiciary
| of the functions of other departments
| of the Government and the power on
its part to declare what is the public
| policy of the United States"