Evening star., 1936-06-24
]. s. D|SHONORED
BY .O.P.,H HE SAYS
Only Liberty of Small Groups
to Pick Pockets Of People
Lost, Party Hears.
(Continued From Page A-8)

liver the people from the clutches OF |
an irresponsible government?
But when some three or four out
standing acts, conceived and consum-
mated in behalf of labor. or agricul-
ture and the honest conduct of busi-
ness and designed to constitute this
as a government Of equal rights, are
cast aside by the rigors of technicality
and the application of antiquated
economic predictions in the inter-
probation Of the document, as indi-
Gated by one of the great dissenters'
we are asked to condemn the Legisla-
ture and Executive as attempting to
inject some alien concept into the fiber
Of our institutions.
We have sought to serve the Amer
lean people under the Constitution.
We have thought that under its broad
and generous outlines we might rescue
the people from national disaster. We
have sought to treat it as life-giving
charter, rather than an object OF
curiosity on the shelf of museum.
We shall abide by its decisions and
seek to shape our program in accord
ance with them.
Supreme Court Inability
to Agree Is Cited.
But when nine eminent men on the
highest court cannot agree on what
the Constitution means, is it any Won
der that 531 members OF the United
States Congress find difficulty in
agreeing about it?
And when five of those eminent
men say a law violates the Constitu-
ton and four of them equally emf
nent, learned and sincere and equally
alive to the compulsions of modern
life say it does not violate the Con-
stitution, then we are at least relieved
of any obligation to underwrite the
tnfallibility of the five whose views
prevail.
Is the court beyond criticism? May
It be regarded as too sacred to be
disagreed with?
Thomas Jefferson did not think so.
He did not hesitate to denounce the
decisions of John Marshall and the
majority he led.
Andrew Jackson did not think so.
He did not hesitate to denounce the
decisions of John Marshall and the
majority he led.
Andrew Jackson did not think so.
In 1882, speaking OF decision Of
that court, he said, John Marshall
has made his decision. Now let him
enforce it,
Abraham Lincoln did not think so.
In his first inaugural address he said.
''If the policy of the Government on
vital questions affecting the whole
people is to be irrevokably fixed by
the decisions of the Supreme Court
the instant they are made in ordinary
litigation between parties in personal
actions. the people will have ceased
10 be their own rulers, having to that
extent practically resigned their Gov
ernment into the hands of that emf
nent tribunal"
Mr.. Justice Stone does not think so.
IN his recent dissent from the un-
fortunate decision of the majority of
the court, this great lawyer and great
American not only said that the legis-
lation' involved was constitutional, in
which view Chief Justice Hughes and
Justices Brandeis and Cardozo con-
Cured, but criticized the opinion Of
the majority by saying: While uncon-
stitutioral exercise of power by the
executive and legislative branches of
the Government is subject to judicial
restraint, the only check upon the ex-
ercise IF judicial power is our own
sense of self-restraint."
The Constitution, said Chief JUS
tice Hughes during the interval when
he was off the bench, ''is what the
judges say it is"
Supreme Court Denounced
BY Theodore Roosevelt.
What judges? The five who in most
cases happened to be in majority of
one.
Theodore Roosevelt did not think So
Speaking to the Colorado Legislature
in 1910, with reference to two recent
decisions of the Supreme Court, he
said: If such decisions as these two
indicated the courts permanent atti-
tude. there would be really a grave
cause for alarm, for such decisions, if
consistently followed up, would upset
the whole system of popular govern
ment."
Gov. Landon and Col. Knox fall
upon each others necks with hallowed
reunion because they rode the Bull
Moose behind Theodore Roosevelt in
1912. In that fight Theodore Roose-
velt had so little regard for the courts
decisions that he advocated their re
call" by the vote of the people.
These judges have decided that un-
der the Constitution the Federal Gov
eminent cannot lift men, women and
children out of the degradation of un-
considerable hours, wages or working
conditions, because it invades the
rights of the States They have de-
cided that the States cannot do it. be-