Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-02-27

WASHINGTON, D. c., February 26.
1t was undoubtedly without any
reference to the movement amongst
certain element in Congress to
override the decisions Of the Supreme
Court, as to the constitutionality of
a law decreed by the court as uncon-
stitutional. that Chief Justice Taft.
came back at the legislators, in his
speech at the Law Institute banquet,
when he alleged that the legislatures
are to blame for the errors of courts.
He blames the legislatures for their
necessary power 20 render just de-
ciSions.
He failed to specify just what power
Is lacking, which could be supplied
by act Of the legislatures. to clarity
sra but Surely oi ths an humSe
would not question the decision Of
the Chief Justice. The comment of
Chief Justice Taft confirms the argu-
ment recorded in this column a day
larging the power of Congress by en-
abling 1t to confirm a law after the
Supreme Court had ruled it as uncon-
stitutional, by re-enacting 1t with g.
two thirds vote-a process known as
recall OF judicial decisions" If
statesmen hesitate to empower the
high courts adequately to study and
pass upon the laws, then the states
men are not taking the responsibility
Of correct law administration and in
depreciation with the seriousness 1t
deserves-requires. The American
lovers Of liberty, under a govern
ment OF law, 1t is argued, would in
deed rue the day when any influence
certainly when political excitement
and ill-consdered, transitory enthusi-
asm-could sweep aside the safeguards
Of the Constitution. When the Consti-
tuition needs to be amended, the con-
servatives plead, let SO important step
be taken soberly and with due enlight-
by the whole people-not in radica1ism
by few politicians. Let the people
rule
j: x * x
1t is a long step toward correc
ton Of fault when the fault is
recognized and stated. The American
Law Institute recognizing the failure
to bring speedy and certain justice
through the courts, ascribe the COM
plexity of the laws as the chief
cause, not only for failures in court,
but for increasing disrespect for law.
which tempts to its violation. There
codiflcation of all law is to be under
taken--a tremendous task, which, it
is protested, will require ten TO
twenty years TO complete. and an ex-
pense exceeding s1,000,000.
X X
Outside Of the courts and law
offices, most people have thought the
disrespect Of law was due to lax execu-
ton by the officers Of law in haling
offenders into court. 1t has been
declared that the liquor laws were
sure TO break down, because they
can not be enforced. The statement
Of the internal revenue collector, at
tributed TO him within the last fort
night. that 95 per cent of prohibition
officers are either killed or corrupted
thin the first six months of their
service. is the most startling confess
sion of the weakness of government
that has been made in many genera
tons. 1t bespeaks a woeful state of
society. IF we now must add that
only 10 per cent of the homicides
are ever convicted in court. and that
the uncertainty Of law is corrupting
merchants to cheat and crimes of all
kinds to be committed with increas-
ing impunity-as charged by the COM
mittee of the American Law Institute.
representing the leading judges and
lawyers Of America-the disclosure is
most impressive.