The Birmingham age-herald., 1923-04-18
PEOPLES FORUM
u;storx Rercots Itself

To the Editor of The Age Herald: |
 Your editorial in Sundays edl- tion of The Age-Herald warning against the present agitation against the supreme court of the United States is worthy or thoughtful considerations. The rad ical element desires that congress itself shall pass upon the constl
 tutionality of it's own laws ana deprive the supreme court Of the final word as to whether or not an act of the august Congress or fends the constitution. Another faction desires that the court shall retain it's power to pass upon the constitutionality of laws, but that it's power shall be curbed in that a ma ajority of one shall not annu! a law but that the majority shall be greater; one member suggests a ratio of to 5. while another
 would have to 2. This jealousy of the power of the supreme court, distrust or dissatisfaction, is largely due to the decision in the case involving the child labor law which was declared unconsti- tutional by majority of one.
 We have illustrated another case of history repeating itself. We find in the early part of the last century (1S02) the supreme court and it's power assaulted in the public. press and by members of Congress in the discussion then or what was known as the National Judiciary Act, which was then the subject of repeal, others defend- ing as ably. The whole country was wrought with the agitation and controversy. In one of the addresses of the brilliant Senator Breckenridge of Kentucky is an- nounced the doctrine much akin to the present agitation: The constitution intended separation of the powers vested in the three great departments (of govern menD, giving to each exclusive authority on the subjects commit ted to it. Those who made :he laws are presumed to have an equal attachment to and interest bound by oath to support 1t, and have an equal right to give q construction to it." On the other hand the wise Gouverneur Morris of New York declares: Govern ments are made to provide against the follies and vices of men, Hence checks are required in the distribution of power among those who are to exercise it for the benefit of the people" And so the debate rocked the country; all sorts of dire prophecies were broadcast. Yet had the Brecken- ridge view been adopted Congress could have enacted law impos- ing burdensome direct tax upon the people and the aggrieved citi- zen would appeal in vain to the supreme court, for Congress would defeat the appeal and render su. preme the judgment of the in ferior courts under their absolute control.
 It may be source of surprise to know that the supreme court i has been so jealous of the rights of the people and has so carefully exercised this supreme function, that throughout it's history of IA years it has set aside as unconsti- tutional but 43 enactments of the national legislative body. Iris hu- man nature to forget the favors of the past in the alleged ills of the present. If Congress be quali- fled to pass upon the constitu- tlonal merit of it's own enact- ments. then why not impose upon
 '-cHe 6 SsS tic puiueH OI put tlnE this quality into practice in its legislation to meet the known knowledge and check of the final the supreme court? The words of George Cabot are still wise and true: There will be neither justice nor stability in any system, f some material part of it is rot independent of popular con,rol. F. D. McARTHUR. I
 Birmingham, Ala, April II, 1923.