Evening star. [volume] (Washington, D.C.) 1854-1972, 1934-07-19
To the Editor of The Star:

10 the EDITOR OF me star.
Americas great contribution to the
science of government was the intro
duction of the balance of powers
that is, the organization of govern
ment into three coordinate depart
ments, legislative, executive, and judi
cial, and providing that each should
be independent of the other, and that
neither one should exercise any power
properly belonging to the other.
The fathers of the Constitution,
realizing the tendency of the abuse of
power on the part of the legislative
and executive authorities, sought in
every way possible to protect and
safeguard the life, liberty and prop
erty of the citizen, which the Declara-
ton of Independence declared are
fundamental and unalienable, by
committing their protection to the
courts, and by making the courts in
dependent, as far as it was humanity
possible so to do. The judges are APP
pointed for life or during good be-
havior. They may not be removed
from Office except by impeachment
after trial by the Senate on charges
preferred by the House. Their sala-
ries may not be diminished during
their continuance in office, etc.
The fundamental and unalienable
rights of the citizen are recited in
the first 10 amendments of the Con-
Stitution. commonly known as 1.-THE
Bill of Rights" Interference with OF
infringement of those rights are de-
MED the legislative and executive au-
thoritieS. and their vindication and
protection are committed to the
courts. In the early history Of our
country and until recently, particu-
larly with reference to the new deal, -
the people felt secure, and not with
| out justification, that no matter what
the Congress or the executive authori-
| ties might do in response to popular
| demand or in response to what might
seem the imperative demand of emer-
gencies or depresSions, they had q
| refuge in the courts, to which they
| could resort for the vindication and
| protection of ell of their fundamental
and unalienable rights of life, liberty
| and property. But strange things
have happened, and an incompre-
hensible psychology has taken pos
session Of vast numbers of our peo-
pie as well as OF the courts. The
courts appear to have lost sight oil
| their primary functions. They have
become infected with the doctrine
Of so-called progreSSiveiSm," anG
seem 10 think they are an auxiliary
branch OF the legislative department
| of the Government to promote al
sorts of social reforms, instead OF
combining themselves to their consti-
tutional function Of administering JUS
| tice and interpreting the laws and
| the Constitution, which IS their sworn
| and bounden duty.
When the people see the foundations
of their institutions being under
mined. as is now so much in evidence
and the departure of the courts from
! the execution of their primary and
/ constitutional functions, they are
quite naturally disturbed and alarmed
! about the safety of their liberties ano
their property rights. They are be-
ginning to lose confidence in the
courts, and not without reason
Should their confidence become per-
manently shaken, which at present is
not unlikely. there will then be nc
more stability in our Government. and
it will become the prey and political
plsything of organized and fanatical
minorities, and individual liberty viii
cease TO exist amongst US.
In this connection an exceeding