Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-06

Congress is growing FESTIVE un-
der the stress and suffering due to
the shortage of coal because OF the
prolonged strike. Opponents of the
administration are making speeches
declaring that something must he
done.
One Senator demands that the
President telephone 70 both parties 20
the strike that they should get to-
gether. in the name of patriotism; he
declares that the prestige Of the
Presidents initiative is all that Is
needed TO break the deadlock. An
other Senator calls for authority OF
the Senate to audit the books of local
dealers, but a colleague asks. naively.
what will be done with the audit after
IL Is made A trio Of Democratic
Representatives calling at the White
House to tell the President their
views were refused audience to dis
cuSs that subject.
Does President Coolidge feel that
nothing can be done. under the Con
stitution, whereby the Federal Gov
eminent might end the crisis in de-
Tense Of the people? Not all legal
authorities agree with that attitude,
from constitutional standpoint.
When the question was propounded to
one of the highest law authorities in
the Capital, a specialist in constitu-
tional law, as to what are the con-
stitutional limitations applying TO this
emergency, he asked, Which Con
stitution-the written one. or the I'M
written one?'
Everybody Is supposed to be IA
miliar with the Constitution adopted
In 1887 by the Constitutional Convtn-
ton and put into effect in 1889 as the
foundation OF the Republic of the
United States of America 1T is the
noblest work ever struck of" or
words to that effect, said Mr.. Glad
stone.
England has no written conStitu-
ton and most citizens have assumed
that the United States has no unNrit-
ten one. But we are told that there
is a recognized ''unwritten Constitu-
ton even superior in force to the
written document, which is displayed
Library and quoted so freely by ora
tors, statesmen and lawyers as the
only guide and authority for Federal
legislation and executive action.
President Lincoln acted under the
power of the "unwT-itten Constitution"
when on April 25, 1861, he authorized
Gen. Scott to arrest the Maryland
Legislature and to suspend the habeas
corpus If the Legislature undertook to
arm against the Republic. There is
no authority in the written Constitu-
ton. says our legal adviser, which
gives a President power to suspend
the habeas corpus except in case of
war or invasion. Lincoln'S suspen-
sion cannot be justified because it was
exercised in war, for there was then
no war. Congress alone has conSi-
tutional power to suspend the writ OF
habeaS corpus, unless it by an.act au-
thoriZes the President to do so. 1t
had not so authorized, yet Lincoln
acted unhesitatingly.
Later President Lincoln recalled
that after the Battle of New Orleans
Gen. Jackson suspended the habeas
corpus, and when a judge undertook
to serve 1t Jackson took It away from
him and ignored it's order
!: x * K
There is no necessity to suspend the
habeaS corpus In the present coal
but history Is thus cited to indicate
that even in our constitutional Re
public emergencies arise beyond the
limitations OF the written Constitution,
for back of the written instrument IS
the "unalienable right and authority
Of the people which created the Con
stitution and gave it all its author
ity. 1t is that "unalienable right, -
into which all men are born equal. :"
that is higher than any written or
ganic law. 1t is not violating legal
limitations, therefore, say our adj
visers, when a President goes beyond
the written to the unwritten constitu.
tional duty to protect the general
welfare" of all the people In a vital
emergency affecting the country gen.
orally.
All power is derived originally from
'the peopIe"-not from the States,
nor from ''the people thereof" but
from the people of the United
States"-the whole people. No ma
jority Of voters in any one State or
group Of States can decide against
the interests and safety Of the great
public OF the United States.
The written Constitution was not
adopted by the several States. AS
stated. in its preamble. 1--WE, the peo-
pie of the United States of America,
in order to form a more perfect
union.' etc.
The Federal Government, under the
written ConstttUtion. has only such