The Birmingham age-herald., 1924-10-12
Deprecates La Follette's
 Attack On Constitution
Louis Marshall Makes Analysis Of Senator 8
 Proposal Regarding Court Decisions

court is to determine from the language of statute what 1t is designed to ae- complish.
 Pursuing the weli-recognised canon of statutory construction, the court ap- piled to the anti-trust act the rule of reason. On the very next day 1t was within the power 6f congress to amend that act by providing. if 1t 90 desired, hat it's prohibitions were to be applica- ble to any contract or combination in restraint of trade, whether reasonable or unreasonable. Fourteen years have elapsed since the decision of these cases. and ret congress has not availed itself of lfhs power, which 1t unquestienapiy p6ksesses, to enact such an amendment.
 The senator might just as well have asked that the interpi citation by the SUI preme court of contract, a deed. will, or auy other instrpment in writing, should be submitted to congress for ratification or rejection. What shall one say of the mental processes of q senator who is unable to recognise the differ ence between the Interpretation of . statute or other written instrument and the enforcement of the -constitutienf
 Tho Child Lsaber Case
 The senat0r next unmasks his bat teries by attacking the decisions of the supreme court in Hammer vs. Dagen- hart. 24T U. s. 1, and the Child Labor Tax Case, 25e U. s. 70.
 In the first of these cases # was de cided that the regulation of child labor came within the police power of the state. and that. therefore, congress, m attempting to deal with subject which was essentially one of state cognizance, trespassed upon state sovereignty. The court merely maintained the integrity Of the states, recognizing their power to deal exclusively with the subject of child labor.
 In the second of these cases the court. with but one dissenting voice. decided that an act of congress which clearly on it's face was designed to penaiize, and thereby to discourage or suppiess conduct the regulation of which IS re- served by the constltuti n exclusively to the states, could not be sustained under the federal taxing power by call uing the penalty tax. In other words. the constitutional limitations upon con gross could not be evaded by the pre- text of imposing a tax.
 As precedents, these decisions protect the constitutional independence and in- destfuctibility of the States as suen: When a new departure from established principles is attempted, it is the first step that counts. If the police power. so far as it relates to child labor, can be taken away from the states oy the fiat of congress, then in the course or time that power in Its entirety may pc destroyed Congress will De supreme: local self-government will be tning oi the past, and state boundaries VIII De abolished.
 There is nothing, however, to prevent an amendment of the constitution which would add the power to regulate enld labOr to the power now conferred upon congress to deal with the subject of prohibition, Such an amendment has been proposed in conformity with the eonHtitutioual requirement., and it is tn nrocess of submission to the legisia- tures of the several states for ratifica- lion. What a commentary on the revo- lutionary and infiammatory denuncia- tions of the senatori
 Chief Justice Taft Quoted
 It is wholesome in this connection to consider the calm utteranees of Chiet Justice Taft in the case last referred to- a because of its contrast with the feyertsh
 
 lette has been guilty:
 Tt is the high duty and function or this court in cases regularly brought to its bar to decline to recognize or enforce seeming laws of congress dealing with subjects not entrusted to congress but left or committed by the supreme law of the land to the control of the states. We cannot avoid the duty, even though it requires us to refuse to give effect 10 legislation designed to promote the highest good. The good sought in up. constitutional legislation is an iDsid' iOus feature because 1t leads citizens and legislators of god purpose to pro- mote it without thought of the serious breach it will make in the ark of our covenant or the harm which will come from breaking down recognized stsnd- ards In the maintenance of local self government on the one hand, and the national power on the other, our couu- try has been able to endure and prosper for near 8 century and a half"
 The last case referred to is Adkins v Cbildren's Hospital (261 U. $. 626). This case involved liberty of contrac: ss interpreted by long line of de. cisions. It protects the liberty of the individual, than which nothing can be more important.
 Time was when the principal fune- tion of a written Constitution was re. garded to be the protection of the iu- dividual and his liberty even against government itself. To those who be- lieve in a socialistic state the pro- Douncements of this decision may be unwelcome. but to those who s:ill be- lieye that our system of goveFDment is l not founded on paternalism. and tint the individual still has rights which are enshrined in the Constitution, their 1 vindicatiOn is regarded as an inspiring declaration.
 Legislative Branch Respected
 The senator seeks to convey the iBa- precision that the Supreme court has been grasping for power and that 1t l fiqds delight in declaring legislation un- constitutional. How far that is from | the fact is evidenced by the oft-re- 1 peated rule of decision applied by the court in countless cases where it has | declared ysIid legislation, even though l of doubtful legality.
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