Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-10-01
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CON~ITUTtON
Mr.. GompArs appreciates the grave
political effect likely to result from
LaF'oilette's attack upon the Supreme
Court and seeks to minimize 1t. He
contributes to the IaFollette propa-
ganda what he IL pleased to term
hts views about this matter. Some
will regard them rather an appeal
for political effect. He has In times
past shown too clear an understand
iaS Of such questions to assume that
he u being fooled. Undoubtedly. too.
he sees that his future standing a.
a labor leader IL now 90 committed
to LAFollette that failure would ssri-
ously irnperil It. Desperate measures
must be taken.
He would have It understood that
LaFollstte's plan with regard to TIE
csurt 10 like that which appeared In
tho Progressive platform when
Roosevelt ran Independently. and he
quotes this plank from the Progress
sivs platform:
1.-THE Progressive party de-
Inands such restrictions of the
power OF the courts as shall
have to the people the ultimate
authority to determine funda-
mental questions Of social well
fare and public policy"
Gompers. however. did not proceed
to quote what was said about the
restrictions which the platform had
In view. Now while the mere fact
that Roosevelt favored a recall Of
judicial decisions in some instances
is not proof that he was correct in
those views. and we do not think he
was. It would serve to indicate that
people Of high purpose might believe
he was right and conscientiously en-
dorss views they thought accorded
with his. But Roosevelt was not
advocating a change Of such far
reaching possibilities as are LaFol-
lette and Gompers, as will appear
from the following taken from that
1913 platform:
ITO secure this end 1t pledges
itself to provide:
"tirst--That when an act pass
ed under the police power OF the
state Is held unconstitutional un-
der the state constitution by the
courts. the people. after an ample
interval for elaboration. shall
have an opportunity to vote ON
the question whether they desire
the act to become law, notwith-
standing such decision.
"Second-That every decision
OF the highest appellate court of
a state declaring an act OF the
legislature unconstitutional on
the ground of its violation Of the
Federal Constitution shall be
subject to the same review by the
/, supreme Court Of the United
d. states as IL now accorded to de-
cisions sustaining such legisla-
tion.'
Had Gompers set out to tell the
whole truth he would have quoted
more than lie did; he would have
made It plain that Roosevelt wanted
. state law passed under the police
power OF that state. II declared by
the state court contrary to the State
Constitution. submitted to the people
for . chance to express their will
Sesarding 1t; also that whore the
State court should declare an act Of
that States legislature in conflict
with the Federal Constitution 1t
should SO to the Supreme Court at
Washington for q decision whether it
actually was in conflict with the ma.
tional Constitution.
A. very noticeable difference IN
scope from what Larollette proposes.
The latter would have a Congress.
not the people by a vote upon the
question. reverse the decision OF the
supreme Court upon any matter.
Verify different proposition. II
concerned to have the people decide
the matter why not refer It to them.
and not leave It with Consress to
determine? What has any Congress
done. in recent years warranting u
In taking our confidence from the
Court and imposing Il in that Gon-
gross?
But Gompers would say the people
would have chance to elect 4 Con-
sress to act upon It. Well they now
have . chance to elect . Congress
which may submit to them any
proposed amendment OF the Consti.
tuition. In this way many amend
ments have been submitted and the
people are the final arbiters already,
but tho process guards against any
snap judgment against waves Of
emotion, and that has bsen our SAL
walton at times and win continue to
b. sGonpers to the contrary. notwith.
Sotnding. Vets like Gompsrs, have
rScenQy been wailing that the eigh-
ks1nkhA amendment to the Constitu-
I'D Mas secured under . wave Of
eda13pn. and yet he would give to
wAMlo e emstien less restraint than
= - dtas. Where l. there any
= tency IN that: