Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-20
SUPREME COURT DECISIONS

Some of the comment on the recent
decision of the Supreme Court to the
effect that a minimum wage is I'M
constitutional, but five OF the Justices
takinr that view, the four others be-
ing of different opinion. appears 10 De
based on rather hasty conceptions OF
the situation.
For instance it is argued that the
decision of the Court overthrowlng an
act of Congress rests on the opinion
of one member of the Court. This is
not so, it rests upon the concurrence
of the opinion of five justices. IL
could be argued. were two thlrus
vote required, that the decision rested
O, the opinion of the sixth justice
whose vote de- cd it. This would
be like claiming that candidate
elected by a million and one votes
against an opponent getting only
million. was elected by one vote.
Again, comparisons are made be-
tween the decisions of the Court ant
the decisions Of 4 legislative body as
though they were similar. In other
words why require a two thirds ma
iority in Congress to override veto,
for instance, when only majority OF
one is required in the Supreme Court
to override an act of Congress? Right
now there is agitation to change this
and require a two-thirds vote in the
Court as we'll
Possibly, all things considered. this
may : found eXpedient, but not for
the same X ION that the wo=thirds
majority is required in Congress.
This should be clear if we compare
the possible influences likely to be eff
fective. The Congress depends for
it's existence on political support.
Sclf-pre ;e.Vation requires it to con-
slider publ opinoin of tic day or the
morrow, But this is not so with the
justice Of the Supreme Court. He Is
under no obligation to consider the
public's opinion of the day. the NOR
row or the week after Assuming
member of Congress. assuming him
to be as selfish and as ambitious.
how may he best crafty his ambi-
ton as a justice of that Court. Mani
those who come after him will recog-
nize as sound and approve. That is
the foundation of such fame as he
may aspire to. That would seem to
be the most powerful influence to
which he would be subjected. assum-
ing him - be a person of the caliber
required for the position which he oc-
cupies.
Many undoubtedly overlook such
features as these and become FESTIVE
under the agitation for a two thirds
vote in the Court. This OF course
would be encouraging to those who
wish the political influences Of the
moment to weigh more heavily in the
result sought. 1t might serve to al
lay unrest because Of decisions like
that in the minimum wage case. How
ueSlfaDle is II 10 all1N Sucn unrest
an apprehension" 1t is not, or may
not, be unimportant in emergencies:
it might augment respect for the
Courts findings. Those having to
deal with popular opinion are quick.
often unduly so. to recognize such in
fluences on the public mind. The
chancellor of Great Britain's OK
Chequer wishes to reduce income and
corporation taxes but in so doing has
deemed it eXpedient to have regard
for the opinion of those who do not
realize that they indirectly profit
from reduction of taxes on incomes
and corporations, but who are likely
to appreciate reduction in the tax
on beer and the consequent reduction
in price. Should the Supreme Court
of the United States be regulated in
such a mood of expediency2
II Massa chusetts really cares for
her good name. she will, even though