Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-01-15

house, bake shop and workmen'S
compensation. He pointed out that
as q matter Of fact the Court has
never declared unconstitutional the
tenement house. the eight.hour or
tho workmen's compensation laws.
all Of which he described more in
detail.
| An Honorable Record
! It is a fact, he said, that in 1856
years (down to June, 1920, exactly
81 cases have been decided in which
! an act Of Congress has been held
unconstitutional. OF these 81 de-
cisions only II received serious crit
icism, he declared, while 1.-The others
have been recognized not only as
correct decisions, but as vitality i'm
portant in preserving the rights Of
individuals and Of the States as
against encroachments OF the Fed
! eral Government.
The speaker cited the decision and
the periods of time within which
they were rendered. He said of the
| increase in the last Is years these
may we'll be due to the vast increase
Of Federal statutes and increased at
tempts for Federal interference into
matters of state concern.
No Good Reason for Change
He found in all this not the slight
! est good reason for depriving the
| Court Of it's power to pass upon the
validity Of Federal laws and ne
showed how such an amendment as
proposed could not fully accomplish
it's purpose. The power to pass up
on the validity of Federal statutes
would still remain in the state su-
preme courts. If the L. :. supreme
Court were deprived of this power
then the decisions Of the state courts
would be final and the Constitution
might mean one thing in one state
and something else in another.
! LaFollette would have Congress
oyerrule the Court and make a bad
statute good by repetition.
! He declared that under such an ar
raneement Congress by means OF a
twice passed statute might in effect
repeal or alter an amendment to the
Federal Constitution. Indeed the
people could be deprived of their
chance to pass upon a Constitutional
Amendment.
Congress Not the Public
"The people and their Legislative
body are not synonymous terms. II
they were synonymous. the Constltu-
ton would have given to Congress,
itself the right to amend the Constl-
tuition"
! The speaker declared. and went on
to show. that LaFollette Is deluding
the people when he says his plan
would not deprive the court OF all
power to hold an act of Congress in
valid.
Suppose that the constitution
should be amended in accordance
with his" (LaFollette's) plan. so as
to allow Congress the right. by pass
ing a statute a second time, to over
ride the decision Of the Supreme
Court holding the statute first passed
unconstitutional. and to thus render
the twice passed statute proof
against any subsequent court deci-
sion. Then suppose that, after the
amendment is adopted, the very first
statute passed by Congress should be
a statute taking away all power in
tho court to pass upon the constitu-
tionality of Federal statutes; then,
after the Court holds such a statute
unconstitutional. suppose the Con-
gress passes the statute a second
time. II this should occur, under the
amendment. Congress. by this twice.
passed statute, would have finally
and completely abolished the power
Of the Supreme Court as to consti-
nationality of Federal statutes.
Thereafter no act of Congress could
be held either invalid or valid by the
Court. Consequently, thereafter, Con-
gress would be unlimited in power.
uncheckable by any court. and bound
by no provision Of the Constitution,
except SO far as 1t chose to regard
1t. Its own law would supersede the
amendment ITSELF"
So 1t would come about, the speak
er declared in the presence of the
members Of this bar association that
Congress would be placed in position
such that mo state of this Union,
and no man. woman or child in this
country. would have a single right of
any kind which Congress would be
obliged to respect or which Congress
might not impair or abolish at any
time. by twice-passed statute"
Labor Better Heed
The attention of labor is called to
the fact that nine times since 1867
Congress or one of its branches, vio-
lated the provisions of the Bill Of
Rights land nine times the Supreme
Court saved the individual against
Congressional usurpation Of power"
Labor cries for freedom Of speech
and OF assembly under the consti-
tuition, yet proposes to give Congress
uncomfortable power to infringe both
these rights.
He said that in the matter of in
functions Labor should note that
II 1t were not for the fact that the
Bin OF flights guarantees jury trial
In suits at common lava right now
enforceable In the courts-every suit
OF every kind at common law could
De begun by the Objectionable in
junction and could be tried by a
single judge without jury"
He showed that under the LaFol-
lette plan nothing would prevent
congress from eliminating a Jury
whenever it chose. Congress might
prohibit strikes or repeal the eigh-
teenth amendment.
Inc speaker quoted Jefferson that.
Free government is founded on ieol.
ousy. not in confidence. 1t is ZEAL
ousy and not confidence which IRE
scr.bes limited constitutions" and
the speaker added: THE liberty of
the citizen depends on the enforce
abe restraints on the citizens gov
eminent" e0'
congress with Uncomfortable Power
The speaker then reviewed condi.
ticns' the jealousy. fears and homes
.hat actuated different people when
the constitution was adopted. and
asked: DO our citizens wish to give
10 Congress uncomfortable mower
over every other subject of purely
domestic concern, as to which the
states now under the present Con
,Slltut1On have exclusiua ;...:.u