The Western news. [volume] (Libby, Mont.) 1933-current, 1937-03-04
Comment
WORTHWHILE AND OTHERWISE.
ON MATTERS IMPORTANT AND
UNIMPORTANT.
EVEN GOOD MEN MAY BE GIVEN
TOO MUCH POWER


TOO MUCH POWER
AS everybody knows who has fol-
lowed the events of the day, President
Roosevelts plan to gain control of the
Supreme Court by retiring all justices
past 10 years old or by appointing six
new members of the Court has aroused
a storm of protest throughout the ma
ton. Many see in it one of the most
dangerous things ever proposed since
the foundation of the republic. Oppose
ton to the plan comes chiefly from men
of the Presidents own party or from
those who have been supporters of his
New Deal program.
1t is argued by those who still follow
the President in all his plans that Presi-
dent Roosevelt only has the welfare of
the nation at heart and would commit
no wrong even If given the power he
asks for. In reply, it is said that the
President already has control of the
congress and if he is to gain control
of the Supreme Court SO that it will
hand down only such decisions as are
in harmony with the Presidents plans,
he will then have complete control of
all three branches of the government,
the legislative, the executive and the
judicial. That would mean for all prac-
teal purposes one man government,
which b too much power 10 put In any
one mans hands
The gravest danger In this proposal
lies in the fact thxt it would establish a
desperately dangerous precedent If
President Roosevelt can dictate to the
Supreme Court by busting justices past
10 years old or by appointing new JUS
tees, there is no reason why some fu-
ture President could not set the limiting
age at SIS or 60 years and kick out all
justices past that age If he had control
of congress and wished to have certain
interpretations of the Constitution
handed down by the Supreme Court.
Such future President might be an
ultra conservative, reactlonary or
even stark radical. Under such a
precedent as President Roosevelt now
proposes, such President could make
the Constitution mean anything he
wished. With despotically minded man
in the presidential office, the most
precious liberties of the American peo-
pie could be made to fade away like
fog before the mornings sun.
A subservient and controlled Su-
preme Court would be calamity. 1t
is we'll to remember, during this time
Of criticism, that the Supreme Court
has often stood firmly in defense of the
peoples rights and liberties, 9 cham
pion of liberty when temporary ma
jorities or those in power at the time
would have imposed great injustices on
znino<iti4s After the heat Of the pres
emit debate has had time to cool off, il
may again be realized that the Court
has at this time again stood In defense
of liberty for the common man.
There Is nothing new about the argu-
ment that it is most unwise to give even
a good man too great power. More than
a hundred years ago Daniel Webster
said:
1T is hardly too strong to say that
the Constitution was made to guard
people against the dangers OF good in
tentions real or pretended. :. There
are men in all ages who mean to ex-
ercise power usefully-but who mean
to exercise it. They mean to govern
well, but they mean to govern They
promise to be kind masters but they
mean to be masters"
Justice Brandeis is now member oil
the Court. He is one of its most famous
liberals, and invariably he has stood foi
the rights of the common man. Recent
ly Justice Brandeis said.
Experience should teach us to bt
most on guard to protect liberty wher
purposes of government are beneficent
Men born to freedom are naturally
alert to repel invasion of their liberty
by evil-minded persons. The creates
dangers to liberty Turk in insidious en-.
croachment by men of zeal, well mean
ing, but without understanding
If you scott at all this and say lib
erty can never be lost in America, re.
member that under the MIRA if you hat
planted potatoes in your back yard ana
had not complied with the provisions o
a strict law-actually passed by con
gress and signed by the President yo'
would have been criminal and sub
iect to prosecution. Under the sam
law If you saw your neighbor buyin
potatoes that were not contained in
certain stipulated kind of package, yol
likewise would have been criminal
you did not turn stool pigeon an
squeal on your neighbor. That wa
actually law Of the United States c
America under the MIRA. Before thi
beautiful piece of legislation could b
put into operation, the NRA was kille
by unanimous decision of the Su
preme Court, both liberals and con
servatives voting against it.
IT'S THE SAME OLD STORY.