Montana labor news., 1937-04-08
UNpA(k COURT BOB
la TOILETTE URGES
Continued from Page 3.

the dictator OF this nation. NOt d
word in the Constitution sanctions 1t.
But when the court substitutes for
the will of the people of this country
its own will; when it supplants the
prevailing economic theory with its
own SNUG theory of days gone by;
when it DEGREES that it is beyond the
power of the people to meet the ma
tional needs-then it has become a
dictator and we have suecumbed to
a Fascist system of control which is
inconsistent with fundamental prin-
ciples upon which our government
is founded. If it is i%rreverent to at
tack that dictatorship, then / am If
.reverent and every citizen who be-
lieves in true democracy should be
irreverent.
Despite what the Economic
Royalists, the Liberty League
lawyers and their Bar associa-
ti0ns, and others of that iIk may
say, there is a single vital ques-
ton in this controversy: That
question is whether when a
handful of judges exceed their
lawful authority by elevating
their own personal opinions con-
corning economic or social pol
icy above the constitution of the
United States, congress shall
exercise the check the COnstitu-
ton gave congress to meet such
a situation.
The issue is between special vested
interests represented by an economic
theory of days gone by on the one
hand and the will of the people to
govern themselves on the other.
When a judge sets himself athwart
of the fundamental needs of the
present, in defiance of his duty to his
high office, what are we to do? Are
to sit supinely by and e our
democratic processes paralyzed and
our constitution discredited as a
workable institution in the modern
world?
Smart Liberty League lawyers
would have the people believe that
the president would destroy the
court as an institution. A moments
reflection makes clear that his pro-
posal is the farthest from that. II
is merely an effort to make the court
responsive to the will of the people.
1t preserves the court; it does not
destroy it. It is a bold and courage
Gus endeavor to make the court use
full in the forward march of our
economic and social development.
There is a lot of talk of the
President packing" the court.
Let's not be misIed by a red her.
ring. In that respect the Presi-
dent is following long tradition.
The court has been packed" for
years-"packed" in the interests
of Economic R0yaIists, packed"
for the benefit of the Liberty
Leaguers, packed" in the cause
of Reaction and Laissez-faire.
Let's be frank about this matter.
The vested interests have for years
prevailed in selection of judges. I'm
der our form of government the will
of the majority should prevail. If
the majority of the people want
Progress, they should have it.
Where People Stand
November 3 last made it clear and
unmistakable where the vast major
ity of the people stand. They want
to be free from the shackles of vest
ed interests. They have rejected the
Economic Royalists. In the words of
Lincoln, they want a government of
the people, by the people and for
the people. They cannot have it if
the Supreme Court placed itself
above the Constitution and arrogates
to itself legislative functions.
One clear way in which they
can have their will of last No
vember expressed is to have the
congress "unpack" a court which
has long been packed" by the
forces of Reaction.
A congress which fail to FUN
pack" the court has a short
memory and is u%nresponsive to
the voice of the majority. A con
gress which fails to "unpack" the
court is allowing the Economic
Royalists to rule this country
with a court packed" against
the people. This condition is in
tolerable. So long as the court
is packed" against the people,
the will of the majority cannot
prevail. We then have not de-
mocracy but the worst form of
dictatorship.
The Presidents proposals are GER
.ainly moderate and reasonable. I
-hink u experience has demon
'trated that the average judge even
before he reaches the age of 70 is
likely to lose touch with the prob
Iems of the working world and to
find it difficult to abstain from read
.ng into the Constitution his own
particular social and economic views.
But there is no question that that
is much greater in the case
If judges who have passed the al
-otted three score years and ten.