The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-10-27
THIRD PARTY'S
|PLAN TO LEAD
AVIATION ASTRAY
| Secretary Hughes Declares
; That it Would Halt Prog
ress in Country
REVIEWS THE ISSUES
i Praise for Republican Admin
5 istratiOn Given by For
y eign Secretary
REVIEWS THE ISSUES

political audience here Saturday that
Ewhatever success the LaFollette-
kWheeler party "may achieve in this
selection is progress toward the over
throw of your system Of govern
mcnt."
Himself former associate justice
of the United States supreme court
EMr Hughes attacked the LaFOllette
Eproposal for constitutional amend
ment that would give congress pow
+ er to override decisions Of the high
est court in the land.
At Mercy Of Congress
IF the proposal of the third party
!wcre adopted" Mr.. Hughes said
k'you would have no rights whatever
ito life, liberty or to property, except
Mas congress might allow them. All
Ethat you would have would be at the
Rmercy of Il congressional majority
j Referring to President Coolidge
Eihe secretary of state defended his
administration and told the audience
kwhile filled the municipal auditor
hium, that "if you desire leader who
y incarnates Americanism, you coull
Rfind no one better than Calvin Cool
kidge."
& Blames Democrats
n Mr.. Hughes laid at the door of the
Il last Democratic administration re-
sponsibility for 1.-The serious eco
lnomic conditions" of recent years
kknd told of the present administra-
~ ,H c<c %n ooonnrltch Hfho iii r.
! ficult task of restoration"
4 The Dawes plan, he said, "has OPP
ened the way to economic llcovery
fabroad," while here at home Presi-
/ dent Coolidge is practicing govern
mental economy, "a paramount need
in all our efforts to promote prosper
ity."
"There are two menaces at this
! time which threaten stability and
confidence and blighting Of our
hopes for increased prosperity" he
said. Both Of these menaces pro
J. coed directly from the third party
/ The one lies in it's descriptive pro
I posals; the other in its endeavor to
! prevent an election on Nov. a and tt
throw the election into the house OF
i representatives.
Third Party Aims Revealed
Il "The third party appears at this
moment to be soft pedalling on its
chief issues. But they are there
! and the measurable success of its eff
forts would shake public confidence
For it has disclosed it's aims.
1T aims at government ownership
I ~ of al nuh1io nfili.
ties which would impose an intoler-
I able burden upon the taxpayers with
| no advantage either in service OF
rates. II the government is cOmpe-
tent to regulate, it can regulate now
kThe.power to regulate interstate
| commerce is as broad as the demand
of any eXigency.
"The most serious and dangerous
aim Of the third party is in the at
| tempt to destroy our system OF gov
eminent by it's assault upon the jur-
isdiction of the supreme court in the
/ Interpretation of the constitution.
"This is the proposal of the third
party--that the constitution be
amended so as to provide that con-
greNs may by reenacting a statute
make it effective over a judicial We
to-" What is meant by judicial We
to? Simply that the court decides in
the exercise Of it's jurisdiction to de-
termine controversies that an act OF
congress is contrary to the constltu-
ton. 1t is proposed that congress
in passing measure twice may
override the constitution in any way
it pleases.
Assault Upon the States
"The proposal of the third party is
not merely an assault upon the su-
prcme court. 1t is indeed that; but
i,{is far more than that. 1t is an
assault upon the states. The
proposal of the third party would
mean the enforcement of congress
over the states. Congress could pass
any act it pleased curtailing or des'
troying the rights Of the state. am
not speaking of states rights with
the idea that such rights in the old
sense should be supported against the
authority given by the constitution
to the nation. That question has
been settled. Within the sphere OF
national authority congress has SUI
.preme legislative powers. But along
With this national authority is the
continued and important authority OF
the state.
"The proposal Of the third party
if carried out would make the con-
gyess supreme over the president
Whatever constitutional powers the
president now has, congress- could
l>,,A SnvNf n
enacting its measure twice. It could
take over to itself the entire power
of the executive if it saw fit.
Congress could thus determine
the entire basis Of representation, all
questions Of elections, all rights OF
voters. If majority once obtained
control of congress it could do what
it pleased with our government. -
"Where will you find body bet
! ter adapted to fulfill this purpose
(that of passing on the constitution
atty of law than the supreme court
of the United States? OF course il
is human institution and hence can
not be infallible. But congress is al
so human institution and one most
exposed to the play Of political mo
tive and at least calculated to be an
impartial arbiter in the decision OF
! constitutional controversies.
"Whatever success the third party
May achieve in this election is pro-
gress toward uncertainty and
unrest, toward impaired stability and
destroyed confidence. 1t is progress
HI