Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-06-05
No Jurisdiction, Supreme
Cnurt Declares in Case
Mass. and Individual
Mt Sufficient to Pass
On Constitutienality
of Sheppard-Towner
States Attack
Did Not Constitute
Judicial Question

Washington. June THE supreme
Court refused today to pass on the
constitutionality Of the Sheppard
Towner maternity act in cases
brought by the state of Massachu-
sets and a Boston tax payer. Both
suits were dismissed for want of
jurisdiction.
Unanimously the court held that an
attack on the validity OF the statute
by a state did not present judicial
question. AS to the suit instituted
nv Mrs. Harriet A. rockingham. the
court declared that her status as a
taxpayer did not entitle her to chal-
lenge the law.
Discussing questions on jurisdic-
tion. raised by the Massachusetts
case, the courts opinion, delivered by
Justice Sutherland. declared that
looking through forms of words to
the substance of their complaint, 1t
is merely that ofIiciols Of the legis-
lative department of the government
are executing and will execute an
act of congress asserted to be in
constitutional; and this we are asked
to prevent.
ITO do So" 1t was added, "would
be not to decide judicial controversy
but to assume a position of authority
over the governmental acts of an
other and co-equal department, an
authority which plainly we do not
possess"
Massachusetts, attacked the law on
various grounds in the interest of its
citizens. The court asserted, how
ever. that the citizens of Massa-
chusetts are also citizens of the
United States" and that sit cannot
be conceded that a state may insti-
tute judicial proceedings to protect
citizens Of the United States from
the operation Of the statutes there
Of"
while the state, under some cir
cumstances tie opinion continued,
May sue in that capacity for the
protection of it's citizens, it is no
part Of the duty or power to enforce
their rights in respect of their rela-
tons with the federal government.
In that field it is the United States
and not the state, which represents
them as parens patricae. when such
representation becomes appropriate:
and to the former and not to the
latter, they must look for such pro-
fnntivo fhof
status"
In reference to the suit Of Mrs.
rockingham, which was instituted in
the District of Columbia courts, JUS
tiee Sutherland said that the right
OF tax payer to enjoin the execution
OF federal appropriation act, on the
ground that it Is invalid and will re-
suit in taxation for illegal purposes.
mas never been passed upon by this
court.
Although the question has been fire.
quently presented. he explained, 1t
mas either been permitted to pass in
silence or the court has expressly re-
fused to pas upon it. The admins
ration Of law likely to impose taxa
1lon upon number Of taxpayers, the
court declared, issestially a matter OF
puolic and not Of individual concern.
II one taxpayer could do so. it was in
respect to every appropriation act or
slatue which required the outlay of
public money.
Inc bare suggestion Of such a pos
slpiilty goes far. in the opinion Of the
uurt, to sustain its conclusion that a
suit such as that brought by Mrs.
tanned.
discussing the courts authority to
PASS on the constitutionality of laws
.es.ice Sutherland declared that per
49, y mad no power to review and an
wa, uaai acts of congress on the ground
'aas they were unconstitutional.
49,, mat question may be considered
; Su,y, the justice said. when the
;,u us for some direct injury
;S '.a,e.a or threatened. presenting a
INITIAL INITIAL issue, is made. Then the
Il" exercised is that of ascertain
i, rs al ana declaring the law applicable
Et., n'e controversy. 1t amounts to
IA a az, more than the negative power
ac.. disregard an unconstitutional en-
s..n 'ient. which otherwise would
n 'au IN the way of the enforcement
VI -. legal right.
cbnss. court disagreed with Massa-
or Se.'s IN its assertion that it's pow
onia s state had been invaded. The
ohli ,.on said that statute imposed no
er.om.on upon the state. but simply
hrnas.eed an option to participate in
tho ~! OF the maternity act which
ject STATE was free to accept or re-