Evening star., 1929-12-20

with treason, made the following COM
ment:
IF Burr's crimes were 10 times
greater than the bitterest of his enemies
allege, we hope he will only suffer as
the law directs. If once the law is
Subservient to motives of policy, or
what is worse, to suit the views CT
party, we may bid long farewell TO
all our boasted freedom. The judge
does not make the laws, he expounds
them, and is bound to see that the trial
be conducted according to law; such,
Te believe, has been the conduct of the
court on the present occasion, and such
we hope it will ever be. The judge who
permits the reasons of State or popular
opinions to influence his judgment
would be a fit member for a star cham
ber court or a revolutionary tribunal,
but is wholly unqualified for judge In
court which has been established by
the Constitution and laws of free and
independent Nation"
Between the years 1901 and 1885
there were So decisions by the Supreme
Court, involving constitutional queS-
tions. The greater part of these were
written by Marshall, and Mr.. Justice
Story suggested that a fitting epitaph
to the life of this great jurist might be
written in single line-"Here lies the
expounder of the Constitution" During
that period the rights, the duties and
the limitations of the three branches
of the Government were being en-
phasized.
While the great majority Of the
American people have been entirely
content with this division of authority,
the question of abolishing the right Of
the Supreme Court to declare acts of
iN1
cent years been questioned by states
men who have become the idol of at
least part of the people of this coun-
try. The sober second thought of the
American people. however, did not fol-
low this suggestion, and in these days
we hear little or no complaint about
the deSirability of the decisions of the
Supreme Court becoming final.
Judicial Power Given.
The Constitution, however, did give
to the legislative branch of the govern
ment judicial powers in one particular
when 1t provided that each house
shall be the judge of the elections, re-
turns and qualifications of its own
members" This authority is perfectly
plain, and no stretch Of the imagina-
ton can transfer this judicial power to
the Federal courts.
In exercising this power it becomes
the duty of the House of Representa-
tlves and of the Senate to act solely in
a judicial capacity, separate and dis
tinct from their capacity as legislators.
There is no legal appeal. The only ap-
peal from the decisions so made is to
public opinion, but even If public
opinion overrules the decision, 1t does
not get rid of the precedent established.
1t becomes the duty of every member
rof the legislative body at such times to
render a decision ''undisturbed by the
clamor of the multitude"
cannot help but feel that the last
decision of the Senate, while acting in
a judicial capacity, was such a fragrant
violation of the Constitution and the
rights of the great State of Pennsyl-
vania that those who believe a mistake
was made should continue to protest at
the bar of public opinion.
I cannot conceive Of any answer to
the general proposition that, when a
man presents credentials of his ap-
pointments or election to the United
States Senate, that he is entitled to
take the cath and to his seat as a mem
Der of that body. True it is that the
Supreme Court has recently said in the
Cunningham case that this is within
the discretion of the Senate, but 1t Is