The Western news. [volume] (Libby, Mont.) 1933-current, 1935-06-06

and the house, be given the power 10
nullify an act of this congress, signed
by the Speaker, the Vice President, and
the President of the United States.
would be considered mad Yet The con-
time of John Marshall, silently ac-
guessed to just such proposal when
John Marshall, in the case OF Marbury
v. Madison Il CT 1877, decided that m
act of the congress, under the authority
Of the Constitution, providing that The
Supreme Court should have the power
to issue a writ of mandamus, was UNI
constitutional, that the congress had no
such power
Read through the Constitution of The
United States. You will find page upon
page dedicated to the rights which con-
press shall enjoy. The first article of the
Constitution gives power to congress.
The power of the executive is circum-
scribed only by the congress, and The
power of the Supreme Court is limited
by specific language by the congress
As. have before quoted, the powers Of
congress are sweeping and all-inclusive
Those that are not granted to the con-
gress are reserved to the people and
to the states, respectively The reason
for the American Revolution was tax
alton without representation Can you
conceive Of a greater perversion Of the
principle of liberty which the fathers
intended to preserve and promote than
nine men, not representing the people,
not selected by them, not responsible
to them for whatever mistakes they
make, with greater power than a king
Of old2 The congress of the United
States was intended as the sovereign,
the supreme governing power of our
land; and yet the article which | have
read from the Washington Post This
morning forcibly brings home to us The
fact that we, the sovereign represent
atives of the people Of the United States,
elected to declare their will, which they
may reject by defeating us at the next
election, must await upon the decision
Of nine men, whose tyrannical power
is no greater nor no less than that Of
a king in his mighty castle of DID,
Jefferson said in substance: Like a
thief in the night it has been constantly,
consistently encroaching upon the lib
critics of our country, until eventually
there may grow up a judicial obligarchy
in our land.
1t is further worthy of note that no
nation in the world but the United
States-the United States the land Of
liberty, and equality, permits the few
to nullify and negative an act of The
parliament or of the congress- England
forbids it, France and Denmark forbid
it, Italy by written law forbids it. Like
wise by written statute Austria, Aus
tralia, Germany, Belgium and New Zea-
land forhid It.
Consider the turmoil in which a ma
ton is put when it must await upon
| the judgment of nine men, and when
no finality is given to an act of congress
signed by the President of the United
States. Destroy that power by legsla-
tive act and you will do more to pro-
mote human justice in industrial re-
lationship than any single act that could
be performed by the congress. Let this
power continue, if you will, only insofar
as may be responsive to the congress,
the duly elected representatives OF the
people.
| have sufficient confidence in the
congress Of the United States that it
will uphold its Constitution; that our
magnanimous Speaker, Mr.. Byrns, an
outstanding leader of this administra-
ton in congress, will live up to his
constitutional duties; and that the
/, President of the United States who
loves the Constitution dearly and
guards it well will also defend and
support it, more SO, perhaps, than nine
lifetime members of court who de-
clare an act of congress protecting
children against child labor, men and
women against minimum wages, pro-
uiding that men cannot be thrown on
the scrap heap after business concerns
in the railroad business get through
with them or in any other business.
say that action of Supreme Court in
this respect is actually stamping the
congress as being derelict in its duty
to support, defend, maintain, and pre-
serve that great document Of liberty.
| Speaking in the dicta Of former days
the thought Of former days. and the
reasoning Of former days, while The
congress of the United States is by
sheer expediency, even if you would
! not concede by any other motive, COM