The daily star-mirror. (Moscow, Idaho) 1911-1939, 1923-05-09
GRAY ADDRESSES
IDAHO STUDENTS
PROMINENT MINING AUTHORITY
DEFENDS u. S. SUPREME COURT
FROM CRITICISM

EhOm ChlllClSM
II there is anything in our gov
~ernment thoroughly American it is
the imposition of constitutional 1imita-
tions upon our legislatures and Off
GERS" John P. Gray of COeur d'Alene,
prominent mining lawyer, told Uni
versity Of Idaho students this morn
ing at the regular weekly assembly.
Mr.. Gray defended the supreme court
of the United States from recent
criticism on recent decisions In that
the supreme court again protected
the rights of citizenship and the
right of the state to legislate on local
matters.
It seems to me that we hardly
know enough about our governmental
Institutions he said in speaking of
the United States supreme court, its
history, it's authority, and its duty
:. We have conferred upon congress
the right to legislate and govern
certain OF our activities with certain
limitations. Some tribunal is neces-
,sary to define what th1se limitations
are and when congress, legislating for
the general government, exceeds them.
The written constitutions of the state
control and limit the powers of the
legislature and the executive Offl-
GERS.
Power Of Supreme Court
The supreme court of the United
States has the power to see that the
constitution is lived up to and that
powers given to congress are observed
and respected. The constitution and
the laws made in pursuance thereof
shall be the supreme law of the land.
From 1904 no act of congress was
declared unconstitutional until 1857
when the Missouri compromise was
held to be violation of the constitu
ton. Since that time acts of con-
gress have been set aside and some
have felt that some of these acts
should not have been made invalid by
the supreme court. These acts have
been set aside when congress has
attempted to legislate on matters
which the constitution left to the
several states, There are certain
local matters that should be left to
the states, There are certain herit-
ages of freedom guaranteed to every
citizen by the constitution, and pro-
tected by the supreme court.
Protects State Rights
Federal legislation left to the
states by the constitution has been
declared void by the supreme court
and the limiting of the rights of
citizenship has been held unconsti-
tutional by the supreme court.
There has been one decision of
the supreme court that has been
greatly criticised 1t is the decision
holding unconstitutional the act plac-
ing tax on the income of factories
and companies using child labor.
The prohibition of child labor is splen-
did but the right to prohibit child
labor in factories is held by the states
for local control. There is no pro-
vision in the constitution for con-
gress to acquire control. The sta
tute WAS not declared unconstatu-
tional because it was bad but because
1t was an infringement on state
rights
Citizenship Guaranteed
Who is to protect the rights of |
American citizenship if it is not the |
supreme court Another decision I
criticised was the decision which de-
clared minimum wage for women
in the District of Columbia unconsti
tutional because it violated the con-
tract clause of the constitution. The I
dCC III llSelI was good ACT DuC IL
violated the right of women to con-
tract with the same freedom with
which men contract with each other.
Uphold the action of the supreme
court in holding congress to the spirit
of the constitution. A most useful
md beneficent power has been placed
IN the hands of the supreme court.
You cannot maintain the constitu-
ion unless you maintain the supreme
court
Lawyers Honor Gray
Members Of the college of law oc-
,upied the front seats of the audi
orium in honor of Mr.. Gray. Presi-
lent A. H. Upham urged the students
o take an even greater interest in
he Pageant to be given June 9 and
he coming Interscholastic track meet L
IN Saturday
Mr. Gray spoke to a combined meet
ng of the school of mines and col
ege of law students this morning
IN Apex Litigation" He told Of
amOus cases which had determined
mining law. He urged the law stu
lents to acquire Information on min
ng conditions and the mining stu
let's to acquire information on min 4
ng law.