The Washington times., 1937-01-12
An Independent Judiciary
By J. T. Williams, Jr.

The independence of the Ju-
dietary is at the Uery basis of
our institutions.
William Harper, OF South
Carolina, in the Senate, April
IL, 1926.
At the beginning Of the last
century a dinner was given in
the Federal City at which the
following toast was offered:
"The judiciary of the United
StateS-independent of party;
Independent of power; and in
dependent of popularity"
In recalling this incident, Mr..
Charles Warren, of Massachusetts,,
the distinguished historian of the
Supreme Court of the United
States, remarked that to this
toast might well have been
added these words:
Independent of Presidents;
and Independent of politics"
Thanks to the diligence and
distinction with which the Great
Tribunal is discharging in these
latter days it's solemn duty under
the Constitution, the glory of an
independent Judiciary shin e S
through the clouds that darken
a large part of the political hori-
zon of this country.
Unmoved by threats within
and without the Government, the
Federal Judiciary goes forward
along the path of duty. It's
very indifference toward attacks,
however mendacious and puSillanl-
nous, appears to anger those
who would destroy the independ-
ence of the Judiciary and make
every member of the Supreme
Court of the United States and
of the lesser Federal courts a po-
litical fetch and carry for the
spoilsmen of politics, the seekers
after popularity and men bitten
with ambition for despotic power.
The new Congress is not with
out it's share of those Senators
and Representatives who find
their unworthy aims and pur-
poses thwarted by an Independ-
ent Judiciary. In their petty
wrath this minority is now or
ganizing one of those Sapping ex'
peditions to undermine the in
tegrity of justice by overthrowing
the independence of the Judici-
ary.
History proves to us that every
10 or IS years these attacks upon
the Judiciary of the United
States are repeated by men
angered by the refusal of the
judiciary to abdicate its author
ity under the Constitution and
abandon its responsibility under
fire. Generally these assaults
follow, as Mr.. Warren points out
aa his revised edition of Con
Hs, the Constitution and the
supreme Court" in the wake of
a decision or a series of decisions
by the Supreme Court holding
an Act of Congress unconStitu.
tional."
Now as in the past, the cry is
heard in and out Of Congress that
the Courts power should be con-
trolled or abrogated." Now as in
the past the fatuous contention is
set up that large numbers of
Acts of Congress have been held
invalid by the Court" Now as in
the past, as Mr.. Warren truly
says, this contention is, of course.
untrue and misleading" And the
facts will in due time appear as
the debate in the two Houses of
the new Congress develops on the
legislative proposals now pending
to shackle the independence of
the Judiciary of the United States
after the manner of the NaZi Gov
ernment of Germany, the Fascist
Government of italy and the Com
munist Government of Russia.
Public sentiment has saved the
independence of the Judiciary in
this country throughout the one
hundred and fifty years of the
life of the Government of the
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