The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1923-11-30
5-4 Decisions


Supreme Court by decisions in which
FIVE Judges voted affirmatively and
four in the negative. On each oc-
casion there has been a big public
howl OF protest Two OF the most
recent Of these decisions came so close
together that they could not escape
the attention OF righteous lawmakers
in congress.
A district Judge OF recent vintage
mad a habit OF coupling rulings from
the bench with the remark that my
guess is that the motion should be
denied. but il the eminent counsel de
sires to take an exception IT will be
granted. and it may be that the next
highest court will guess differently
And as the judge was reversed most
OF the time the lawyers all finally got
together and had him fired off the
bench. From the popular viewpoint.
the people OF this country would like
to believe that the United States Su-
preme Court arrived at its decisions
without much guessing" Every
tradition, every impulse. every hope,
is strained to place the supreme judi
cial body OF the government on
pedestal Therefore it hits the country
with considerable OF 4 shock TO read
even as often as nine times in CEN
fury and a quarter that a great public
question which may have fairly rocked
the ration and caused a division OF
sentiment and opinion among polti-
cal parties and intelligent groups OF
citizens finally was decided" by the
United States Supreme Court by
5-4 vote Such conclusions seem to |
bear out the theory that the judges
of the lower courts do not hold a |
monopoly in the matter OF guessing"
Ever since Plutarch lived 1900 years |
ago the people of the world have been
trying to talk themselves into bcliev-
ing that he was wrong when he OBJ
served. "for to err in opinion. though
it be not the part of wise men. is at
least human" In the face OF all the
controversy it seems fair to conclude
that the supreme court can not pos
siby be anything slse except human.
no matter how hard everyone may try
to make il something better.
A Remedy Would be Welcomed
Former Justice Clarke has recently
suggested that the United States SUI
preme Court decline TO hold a statute
unconstitutional whenever several OF
the justices conclude that it is valid"
1t can readily be seen that a course
would bring the troubles OF the court
under the cover of secrecy of its own |
members. and perhaps that would re-
suit in freeing the judges from criti- r
cism. But would this be justice' A !;
good many people think not. Pure 4,
democracy would prefer to have the =
judges spill their differences and let 4
public opinion wrangle with the con- II
sequences. Senator Borah has a bin
requiring decisions that declare a stat :,
ute unconstitutional to be concurred 6
in by seven out OF the nine judges
good many lawyers agree with the g
Idaho senator, but il is doubtful
whether they can carry their point in
congress. A suggestion is made by
Senator LaFollette that congress may
reenact 4 statute declared unconsiitu-
iional, and thereby "nullify the action
Of the court" This in effect would be
A veto OF the supreme court decisions
Quite as might be expected this pro-
oosal is assailed on the ground that
he Wisconsin senator is somewhat
Of constitutional radical" But il
I just as well to be fair with an idea
wen though one is not enthusiastic
bout It's author. and if one examines
he LaFollette proposal it can be
raced back to similar radical" spon-
orship in the position taken by ex-
resident Roosevelt. who vigorously
dvocated the recall OF court decisions
There isn't any danger that con-
ress will make waste paper" OF the
ules of the supreme court, or that its
value and methods OF
CRYING the public welfare be revo-
However. it is eviden,
hat some constructive method for
Voiding disturbing 81 decisions will
e welcomed by the court and the
TENDERS OF the bar throughout the
outry.
Talking about Taxes
Taxes are tolerated because they
C among the dire necessities" Sc
'etary OF the treasury Mellon made
S tax reduction suggestion so plain
lat every incon,e-tax -.,,.cr could