Evening star., 1924-04-27
Sees Liberty Put in Jeopardy
By Court of Curtailed Powers

| bench are filled by the appointment
| of three justices of ku Klux tenden-
| cies. Under these supposititious con-
! ditions let the Congress of the United
| States pass an act that Roman
! Catholic shall not longer be permitted
| to worship God according to the die
| tates of his own conscience. Three
| justices voting that this was not pro-
! hibiting the free exercise OF religion
| az guaranteed in article l of the Con
| stitution, but had only to do with
| churchly establishment, the Roman
| Catholic would be a prescribed citi-
| zen of America.
Under like circumstances, let us
assume that the party in power mao
been vexed, annoyed and harassed
| by public speeches and by articles
| in the press of the United states
and let us assume that the legisla tive
body, smarting under the injustice or
these assaults. should declare tnat
| although a man may speak or print
| what he pleases under the govern
ment of the United States. yet IL he
speaks or prints anything by way OF
| adverse criticism of the party In
power ne shall be deemed guilty OF
| an offense against the law and SEN
| tenced TO the penttentiary. me tnree
| Justices, resentiDg party CRITICISM
and incensed by personal attacks
! might hold that the guaranty OF ar
| ttcle / was not impinged upon by the
| statute: that the act did not deprive
| the citizen of his right to speak or
| print; that it only made him respon-
| sible for his sayings or his writings,
and that although the act might hold
| him responsible for his conduct and
| although he spoke truthfully and en-
deavored to give the people an hon
est understanding of the conduct OF
public officials. nevertheless he might
! be held guilty.
What might happen to the people
| OF this country with reference to
the guaranty in the Constitution that
they are to be secure in their persons,
houses, papers and effects against
unreasonable searches and seizures,
under extreme circumstances? No
body knows what unutterable woes
might follow the public passion or
personal hatred engendered in a po-
litical campaign If the angel of death
should strike from the Supreme Court
three OF its members. The whole bill
of rights, which seeks to guarantee
the rights of minority against the
aSsa ultS of majority. might be
stricken down If the Supreme Court
were deprived of its right by a ma
tority 10 hold acts of the Congress
unconstitutional.
More and more the people OF this
country need to be impressed with
the fact that although majorities
must rule, inasmuch as there IS no
other way in which democracy
can conduct a government still the
majoritys rule must be hedged about
hampered and CONSTRUCTED by the con-
stitutional guarantees which are con-
tanned in the bill of rights. Majority
rule in America does not mean the
,c~<.ra
personal prejudice. 1t simply means
the right to rule carefully. If We de-
sire to get quick action and a speedy
response to the shifting currents of
public opinion. passion and prejudice;
IL we are willing to admit that min
critics have no rights which majori-
ties are bound to respect; If we are
anxious to proceed to a purer de-
mo~acy where might as represent ed
by more than one-half the ballots
makes right. then. of course, We
should adopt this proposed change
in the organic law Of the land. On
the other hand. if we concede to a
minority inalienable rights of which
no movement of Am erican politics can
deprive them, rights which are to
be preserved by the courts of this
country, then we shall resist the
change
Ours is not a perfect government; !;
none such has ever been set up
among men, but a government that
has fought for the rights of man,
withstood the stress of civil con-
fict and met the exigencies OF ex-
panding. business must be careful
about changing it's form. 1t should
reject any change comforting author
| ity which might be used in the heat
of PASSION to do injustice either to
an individual or to bodies of individ-
| uals.
Copyright, 1924, by Twenty-hrst Century
Press.1