Evening star., 1937-07-20

upon which the people have the right
to vote. 1t is still bill to wipe out
State lines. 1t is still a plan which
would impair the independence Of the
court and destroy the system of checks
and balance essential to the preser-
vation OF the rights OF individuals.
Mlnorities and local governments; in
short, the liberties of the citizen. 1t is
still plan for the rapid and complete
concentration of political power in
central bsolutism,
which was hateful to the men who
fought the Revolution to esta blish
American liberty upon impregnabls
foundations.
Madison, who from the tent OF
Washington, forecast the Constitution,
reminded us that:
No free government or the blessings
OF liberty can be preserved to any
people but by - frequent recurrence
to fundamental principles" All the
machinery OF our system OF govern
ment was adapted and used to our
end: To safeguard the liberty of the
individual as responsible moral
being. Progress and reform. yes; but
II we remain American we must avoid,
at all costs, personal government. II
the liberty of the citizen and the
local government must give way to the
common veal the restrictions OF indi-
Vldual and local freedom must remain
part of our organic law, safeguarded
by an Independent judiciary.
With power in the Congress under
the Constitution to protect the rights
OF labor, to provide against the vicis-
situdes and misfortunes OF dependent
old age. to collect taxes and appro-
PIRATE money for the general welfare
TO the full limits of Alexander Hamil-
TON doctrine, TO preserve our soil
and restore the purchasing power OF
the farmer in our economic life, none
OF which powers can now be denied.
why 90 back to the theory and philos-
ophy OF absolutlsm. Why embrace
those doctrines that naturally and
unavoidably assert that the liberty OF
the individual Is derivative from gov
ernment; that men, after all, are not
OF right free and capable of self-eov-
eminent but in all their UNDERTAKINGS
must be regulated and CONTROLLED
Why change the political base of our
whole western civilization?
Let us briefly examine the proyi-
slons OF the substitute plan for the
reorganization of the lower Federal
courts: What philosophy, what pur-
pose, is here disclosed?
Questions Purposes.
Under this plan, the Chief Justice
alone may transfer Z Vermont district
Judge to Georgia to preside over the
trial Of Georgia citizen. He NAV
transfer circuit court judges from one
circuit to another across the conti-
nent, without consultation or advice
OF the judges familiar with the habits
and practices of their people. The
safeguards OF our present practice
and procedure are abandoned. To
what end? The concentration of
judicial power: the administration of
the law OF the land in the Chief JUS
tice IS made possible by this plan. It
Is carpet -bagRery raised to the nth
power; it IS carpet-baggery glorifed.
Couple this power In the Government
at Washington with the power now
existing to choose Jurisdiction in the
trial OF every citizen charged with Of
lenses overlapping State bounds and
consplracies generally and centraliza-
ton OF judicial power is immeasurab bly
advanced. The philosophy underlying
this so-called reform is hostile to
philosophy OF the right OF the citi-
zen as guaranteed in the Bill OF
Rights-his right to trial by an i'm
partial court.
The power of the Attorney General
on behalf OF the United States to
intervene in any cause between private
citizens when the constitutionality
OF statute is involved may, on its
face. seem proper enough, but it can
easily revive in practice the power
asserted by James I when, through
his attorney general, Francis Bacon,
ne sent word to the judges that he
did not wish them to proceed further
with the celebrated case OF the COM
mendams until he had conferred with
them on the subject. It may be granted
that an American Attorney General
would not dare delay private litigation
between private citizens arbitrarily