The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-06-05
KEEPING UP
With
THE NE WIS
BY LUDWELL DENNY

- JEe PreSldenJS allegeQ mJ6lIeI~
ence with Congress through mis-
use" of the veto, Washington was
thrown into a bitter discussion to-
day by the Supreme Courts alleged
violation of the Constitution in the
Seattle prohibition overlapping de-
cision.
The court ruled yesterday in tina
case of Roy Olmstead and ninety
others that Federal agents were not
violating the Constitution in secretly
tapping for five months the tele-
phone wires of the defendants to
obtain evidence of breaking the
prohibition law
Justices Brandies. Holmes, Butler
and Stone dissented under the
fourth and fifth amendments to the
Constitution protecting citizens
from unlawful search and from Civ.
ing evidence against themselves, and
under the State law making wire-
tapping illegal.
Describing overlapping as an in
strument "of tyranny and oppreS-
sion" and pointing out that Federal
agents have no authority to violate
law, Brandeis said:
IF the Government becomes a
law breaker, it breeds contempt for
law; it invites every man to become
a law unto himself; it invites an
archy."
The majority opinion Of the court
was praised generally by profession
al drys, but condemned by others,
AS a result of the decision, the
Treasury department is instructing
enforcement officers to resume wire
tapping methods.
Persons attacking this method
linked it with the recent coast guard
shootings in New York, Colorado,
Maryland and elsewhere Of innocent
persons suspected of being rum
runners.
GONE critics compared yesterdays
~ decision with the widespread
misuse" by American courts Of
anti-labor injunctions as proof that
the judiciary is becoming a "usurp-
ing" governing body of the coun-
try.
Such court practices were investi-
gated and condemned by Senators
before the recent adjournment Of
Congress, and a committee now is
drafting a law to curb alleged ex-
cesses.
1t was learned today that there
are vigorous efforts to obtain planks
in the Republican and Democratic
platforms deploring encroachments
by the courts on constitutionally
guaranteed civil liberties.
The Supreme Court since the days
Of John Marshall steadily has been
taking unto itself powers which
were not given it by the Constitu-
ion and which rightly belong to the
legislative branch of Government, it
is said.
NTHER critics see in this alleged
~ encroachment by the judiciary
on the powers of Congress a grave
danger to the American system of
government parelleling a similar
"usurping" of legislative functions
by the President.
They cite the dozens OF vetoeS
made by Coolidge and recent Presi-
dents compared with the two or
three cases in which Washington
and Lincoln felt justified in thwart-
ing the action of the body elected
for he purpose Of making the law.
The second Coolidge veto of the
McNary- Haugen farm relief bill and
the possibility Of veto of the hard
won Muscle Shoals bill are arous-
ing protest, and in the case of farm
relief becoming major political
issue.
EURTHER evidence that the
Il President is ''robbing" Congress
of its constitutional powers is seen
by these critics in the action of the
Senate committee last week recon-
mending that the right to fix rates
under the flexible tariff provision
be taken away from the President
and restored to Congress. That
Senate report stated:
THE committee recommends that
the flexible provisions Of the tariff
act of 1922, particularly section 3l5,
be repealed
Tariff making and revision under
our Constitution are legislative
duties, and to impose such re-
Sponsibilities on the President as are
carried in the flexible provision
confuses legislative and executive
responsibility.
ut is believed that the tariff com-
mission should be made congress-
ional agency; and should report
direct to the two houses Of Con-
gress."
GONE observers profess to see in
- these "excesses" of the Supreme
Court and the injunction courts
and Of the resident, their own
Yesterdays overlapping decision
and the shooting of innocent per-
sons by coast guard and other pro-
hibition officials will do more to
force revision of the Volstead act
and curb "lawless" activities of dry
agents than all the wet propaganda
combined, it is said.
Similarly, the Middle West pros
test, making the farm relief veto
an issue at the Republican con-
vention and in the November cleo
ton, will direct public attention to
misuse" of the presidential veto
power, according to some.
And this protest will be provoked
further if the Muscle Shoals bill is
vetoed after the seven-year fight
- ovyo,. N,1,tfoys