The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-07

judiciary They realize that the judiciary is the bull
wark Of constitutional government and that consti-
tutional government is the chief obstacle which
stands iii the way of their theories.
"One of the most dangerous Of the attacks upon
the judiciary is that which would take away its Pc
culiar power under Constitution, that is, the
power to hold acts of congress of the state legis
latures unconstitutional But whatever the form Of
the attack the purpose is the same: To destroy the
power vested in the judiciary to uphold the Con-
stitution
And whatever the purpose, the inevitable result
will be to break down the barrier against popular
tyranny and to give us a government Of instead
of government of law"
number of relevant comments are in order:
The Socialist red herring will not prove very eff
fective at this date. Does Judge Parker brand as
Socialistic the attacks court system by the
late Theodore Roosevelt, by chief experts on
jurisprudence? If attack on the abuses of our
court system is Socialism, then there have been So
cialsts the very bench Of the United States SUI
preme court
Judge Parker says that critics desire to undermine
courts because they protect individuals and mi
nortes What reformers desire is to secure equal and
just protection for all mnories irrespective of creed
class or color.
If courts protect bankers and industrialists they
should also protect labor unions, Negroes, Commu-
nsts and all other dissident but law-abding groups
AS iss the American Civil Liberties Union has to
exist to secure even partial protection for unpopular
minoritieS. The men whom Judge Parker attacks
merely ask the courts to administer justice without
fear or favor. They want no yellow dogs" in the
fold of either labor or capital.
The courts may be bulwark of constitutional gov
eminent, as Judge Parker conceives of it. but they
have often been decisive challenge to representative
government under the American plan. BY their reck-
less Of the right to declare laws unconstitutional
they frequently have blocked true representative
eminent as effectively as Mussolini's Fascism.
There are many who feel that constitutional and
representative government not rreconcilable If
they are however, then certainly the men who found
ed our country preferred representative government
Great Brains policies before the revolution were very
strictly constitutional.
The best safeguard which the courts can secure
is judicous restraint in the use of their arbitrary
power to defeat popular government and social prog
reSS The irresponsible of the judicial veto under
the due process clause of the fourteenth amendment
has done more to undermine confidence in our courts
than all the antics of all the Reds in our national
history.
Finally it is fallacy to hold that the courts
guarantee and maintain government of laws rather
than of men. The personal equation with judges is
often as important as with congressman.
Changes in personnel on the supreme court have
led to the most far-reachng changes in the inter-
probation and application of the same body of law.
Government by the supreme court in practice is gov
eminent by men.