The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-05-06
The
SUPREME
COURT
AND HOW
u IT WORKS
The Need for an Umpire
By ROBERT MERRILL

vantages in establishing a gov
eminent that sought to assure
personal liberty.
In the first place, they had vivid
personal recollections of the despot-
ism of King George III. In the Sec
ond place, they knew from bitter
experience the weakness of the first
government which they had set up
to take the place of the repudiated
king.
Having renounced one-man gov
eminent that was unjust because too
strong, they had suffered under an
other-established by the Articles of
Confederation equally unjust be-
cause it was too weak. Their prob
lem was to frame constitution I'M
der which the people of each state
should be protected against any at
tempt of federal officials to become
tyrants, while at the same time
making it impossible for the several
states to cripple or hamper the cen
trail government.
Thus it came about that the very
| people who had actually suffered
both from too much government and
from too little we're best fitted to
find the safety-point half way be-
tween.
Some Early Weaknesses.
Illustrations of the despotism
which they feared are effectively
recited in the Declaration of Inde-
pendence. Among the many despotic
acts there charged may be found,
for example: that che has obstruct-
ed the Administration of Justice, by
refusing his Assent to Laws for es-
tablishing Judiciary Powers"
On the other hand, among the
many weaknesses which made the
Articles of Confederation a failure,
the following is a typical illustra-
ton:
During the Revolutionary war,
vessels of war, called privateers,
had been fitted out by citizens of
the several colonies and sent out
to prey upon British commerce. A
British sloop, the Active, had been
seized by citizens of Connecticut who
were bringing her into port as prize
when an American privateer, the
Convention, which had been fitted
out in Pennsylvania, captured the
Active and claimed the prize money
which belonged to the men from
Connecticut.
A Pennsylvania court decided the
case in favor Of tn home claimants
and awarded them the greater part
of the prize money, but, upon ap-
peal to a court which the feeble
Articles of Confederation had set up,
the rights of the Connecticut claim
ants were properly recognized and
the judgment of the Pennsylvania
court was reversed.
Decision Not Backed.
Then, to their dismay, the vic
torious Connecticut men discovered
that the order of the court was not
worth the paper it was written on,
because Pennsylvania refused to rec
ognize or enforce it and the central
government was without power to
enforce the order of it's own court.
Conferences followed between a
committee of congress and the gen.
eral assembly of Pennsylvania; but
nothing was accomplished.
AS soon, however, as the Consti-
tuition of the United States was
adopted federal courts were set up,
with the Supreme court of the Unit
ed States at their head; and the
federal government was given pow
er to enforce their DEGREES. Accord
ingly, after having waited years for
such an outcome, the men from
Connecticut were able to bring suit
in a United States district court to
enforce the order formerly made
in their favor but subsequently dis
regarded.
The district court granted partial
but not complete relief; but, upon
appeal, the Supreme court of the
United States finally did complete
justice among the parties.
Court Stands on Own Feet.
With such experiences immediate
" behind them the trainers of the
Constitution were naturally careful
to make rules to prevent their re-
currence. 1t was obviously INSULT
cient, however, merely to make the
rules: it was essential that there
should be a judicial umpire to in
terpret and apply them. Accordingly
the Constitution safeguarded the ju-
dicial power of the United States by
vesting it Gin one Supreme court"
With our form of government the
Supreme court cannot be abolished
by the congress or by the President
any more than the congress or the
President can be abolished by the
court. Remembering that the King
of Great Britain had made Judges
here dependent on his will alone
for the tenure of their offices and
the amount and payment of their
salaries" the trainers were careful
to provide that tthe judges, both
of the Supreme and inferior courts,
shall hold their offices during good
Behaviour, and shall, at stated
Times, receive for their Services,
Compensation which shall not be
diminished during their Continuance
in Office"
While, therefore, the men of 1877
were not super-men they were peo-
pie whose actual experiences made
them think of many safeguards of
liberty which otherwise might have
been overlooked.