Omaha Daily Bee Newspaper, March 8, 1903, Page 27

N Dignity of Federal Supreme Court | HOUGHTFUL men, the world over, have not been lacking in praise of our constitution and system of government. As the years go by g it becomes more apparent that the distinctive feature of the constitution is its judicial system, with the supreme court at its head. Not in the mere fact of a judicial system, for courts were a part of our Anglo-Saxon inheritance. In- deed, long before the settlement of this country executive, legislative and judicial departments and functions were in exist- ence. But the significance is in the powers given to the supreme court, and given in a republic formed by a union of states, which, though surrendering some of the ab- solute supremacy of. a nation, were con- tinued in possession of a large amount of independent authority. We call ours a federal systemn of govern- ment. It is federal because there is a na- tion and states within and a part of that nation—a nation supreme in national af- fairs and in foreign relations, and yet pow- erless to control the purely local interests of the separate states. We rightfully speak of the republic as a nation possessed in its relation to the nations of the world of all the essential attributes of mnationality, vet we know that the nation, that congress as the legislative body of the nation, is impotent to regulate the police affairs of the smallest village in any state. Over local affairs the states are as supreme as though they were not integral parts of the republic. This creation of a new nation with all the elements of nationality, with absolute control over national affairs and foreign re- latious, and yet composed of states having a like absolute control over the local af- fairs of the communities within their lim- its, would, in the nature of things, result in controversies between the nation and the states as to their relative control in many matters. That such disputes might be set- tled peacefully required an independent tribunal, and =0 the constitution provided the supreme court, and to that court were given vast powers I do not assume that this nation will for- get Washington's farewell advice to avold entangling alliances with foreign nations. But our rapidly extending commerce and our new possessions, especially those in the Orient, place us in close touch with the outer world. We cannot, if we would, live to ourselves alone. We must sit in the council of the nations. The questions which will consequently arise are not all political; many are judicial. And our dealings with foreign nations must be had with a recogni- tion of the fact that here, far more than anywhere else, those questions cannot be finally determined for the nation save by the action of the judicial department. A pertinent illustration is found in the case of Tucker against Alexandroff, recently de- cided and reported in 183 U. S., 424, 434, We had a treaty with Russia for the sur- render of deserters from ships of war and merchant vessels. The Russian government employed a Philadelphia firm to build a war ship, Variag, and when near comple- tion it sent a body of men over to serve ad its crew. Omne deserted, was arrested at the instance of the Russian vice consul at Philadelphia and committed for surrender to the Russian authorities. He sued out a habeas corpus for a discharge from that detention and the case in due time came to the supreme court. The court was divided in opinion, but the majority held that the detention was justifiable and that the de- serter should be surrendered to the Russ authorities. The interpretation of that treaty and the defining of the obligations of our government to Russia were judicial questions and the supreme court prescriboed the measure of this nation's duty The recent Spanish war brought to the court many questions of prize in which the dutics and obligations of neutrals were defined Not merely in the construction c¢f tre t'es in matiers of extradition and prize, will the work of the court be seen, but in all tho variety of questions which will grow out of facts that our people are traveling through ali countries of the world, our merchants trading in every city, our ships traversing every ocean and visiting every port Labor organizations are as much the natural outgrowth of the economic com- ditlons of the day as combinations of cap- ftal. We thus have, on the one hand, a few possessing or controlling immense amounts of capital and large industries, and, on the other hand, multitudes of labor- ers banded into organizations for self- protection. Self-interest (I will not call it selfishness) has operated to develop a great antagonism between these two factors in industry; each is seeking a greater control, a larger share of the profits resulting from the combined services of both As organizations of laborers increase the influence and signifi- cance of a strike, which is one of their weapons in carrying on what is called the conflict between labgr and capital, become greater. The summer of last year we stood face to face with one of immense magni- tude, one affecting the business of the na- tion as nonc other has yet done. How shall these strikes be ave d? A man can scarcely count the suggesticns which have been and are being made with a view of averting them in the future, The coal sirike has precipitated more schemes of legislation, more suggestions of the extent of legiclative and executive as well as judicial power than any which has pre- coaded it. All legiclative bodies, state and national, will be confronted with proposi- tions to prévent or regulate struggles be- tween labor and capital Is it not reason- ably certain that out of these conflicts and out of the legislaticn which may be enacted by congress or the several state legisla- tures there will arise & multitude of ques tions, many of which will finally reach the supreme court of the United States? — . May I add in closing that it is of the ut- most importance that such a tribunal should be independent, free from partisan bias or political influence. Its members should, if not by constitutional amendment at least by the common action of all, be de- Justice David J. Brewer in Scribner's Magazine barred from political office, so that no temptation of office or popular applause shall ever swerve from the simple path of justice and the constitution. In these days of newspaper reputation and ofttimes swiftly changing popularity it is well to have some tribunal of stability, one whose judgments do not vary with the warving opinions of the passing hours and do not, as Mr. Dooley says, simply “‘follow the eclection returns.” The Ife tenure of its members does not make it an undemocratic factor in the life of the republic. 1t does not govern the nation. The people are al- ways the rulers. More than once have they reversed its judgments; but by rea=on of its stability and independence it has cover stood a check upon all hasty action; 'a trake on the swiftly moving wheols of popular passion, and holding ever the re- publie close to the ways prescribed by the fathers in the constitution. As it has been, g0 may it Dbe. Each member of that tribunal should be animated by a noble am- bition to be ever loyal to justice and the consiitution, no matter what may be tem- porary criticisms. , He should appropriate in his life the spirit of the memorable words of Lord Mavsfield, uttered in the presence of a mob demanding a particular decision: “'1 wieh popularity, but it is that popularity which follows, not that which is run after. Tt is that popularity which sooner or later never fails to do justice to the pursuit of noble ends by noble means.” OFFICERS OF VESTA CHAPTER, O. E. 8., WHO GAVE THE “VOCAL STAR"” WORK AT MASONIC TEMPLE. Gleanings From the Story Tellers’ Pack X-POSTMASTER GENERAL E Charies Emory Smith tells this incident of an all-day cabinet session on the Philippine ques- tion. Secretary Wilson, who is an ardent expansionist, had stated his views fully and with fervor. When he had fin- ished President McKinley said without Mmoving a muscle: “Your remarks, Mr, Secretary, are just what I should have expected of you. You Scotch Presbyterians believe in keeping the Sabbath and everything else you can get a lien on.” r Ry Two new reporters were sent by the edi- tor of a newspaper to a suburb to ‘“‘write up” the burning of an orphan asylum. Late that night, when the news editor was wondering why no ‘“copy” about the fire was coming by wire, a telegraph mes- senger rushed in and handed him a mes- sage. He opened it and read: “We are here. What shall we do?"’ It was signed by the names of the two men sent to “write up’’ the fire. The news editor made 2 few strong re- marks, then he wrote on a telegraph form this brief message: “Find out where the fire is hottest and jump in!" il H. H. Vreeland of the Metropolitan Trac- tion company, New York, rese from the lowest rung of the sfreet railway business and will occasionally unbend enough to erack a joke with a subordinate. There is an aged New York conductor, whom Mr. Vreeland likes particularly well, a Boston man, with a great deal of learning stored in his gray head. About this learn- ing Mr. Vreeland likes to banter the old fellow. “Why does hanging kill1?"’ he said to this conductor one day. “Because the inspiration is checked and the circulation arrested, while there is a suffusion of blood to the brain and a conse- quent cephalic congestion,”” was the prompt answer. “I thought hanging killed begause the rope was always too short to let the feet touch the ground,” said Mr. Vreeland. fl—_ A New York City employe tells the story of an officeholder who was one of a party that attended the funeral of a Chinaman on a recent Sunday. He iook a great deal of interest in the queer service at the grave, and noticed that, among other things, a roasted duck was left there by the departing mourners. Calling one of the ““Chinks" aside, he asked: “Why do you leave that duck on the grave? Do you think the dead man will come out and eat it?"’ “Yeppee,” replied the Boxer sympathizer; “allee samee as le whitée deadee man will outee and smellee flowers!"™ Archbishop Ireland, who dearly enjoys a joke, became the object of one in the dining car enroute from Chicago to New York, re- lates the New York Times. On the train was a woman with her precocious little daughter, who was not more than 4 years of age. The mother of the child was well known to the archbishop, and it so. hap- pencd that as they went into the dining car they were seated at the same table. The churchman is always genial and kindly and not at all a man to inspire fear, certainly not in a little child. The mother of the latter, having evidently forgottem some- thing which demanded her return to the parlor car, she admonished her offspring to be a good little girl and to sit very still while she was gone. During the absence of the mother, however, the child, who was evidently very hungry, proceeded to de- vour olives and sugar quite to the horror of the good archbishop, who bhad ideas about children’s diet as well as about more profound subjects. “Donit eat any more until your mother comes back, my little girl,” kindly prompted the great dignitary of the church. “Now, see here!”’ was Miss Precocity's reply, as she stowed another olive in cach cheek until her small mouth was distended 8o that she could scarcely speak, ‘“‘don't you get gay; for if you get gay, my mother'll do you up!” A spontancous shout of laughter was the greeting from all sides, and the archbhish- op's was the merriest of all. PR 0N Matthew J. Donohue, a Tammany district leader, tells in the New York Times this story of an Englishman and an Irishman who were discussing the old race question: ‘“When England wants a really gecod man she's got to go to Ireland to get him," said the Irishman. ‘“Look at Roberts. Look at Kitchener. Both Irigh.” “I suppose you think Wellington was an Irishman,” said the Englishman. “Sure."” ‘““And Nelson."” ““Sure.” “I guess you'd claim Caesar if you had a chance.” “Sure. All good fightin' men are Irish.” “Well,”” g#aid the Englisaman, as a clincher, “to go back further, what would you do with Balaam.” “Oh, that's all right,” retorted the Irish- man. “Balaam was Irish, but the ass was English.” AR ST Down in Anderson county, in Senator Letimer's domain, there resides a notable character, known to public life of the Pal- metto state as Josh W. Ashley, relates the Washington Pest. Some years ago Josh, il- literate in speecB, but possessed of much good sense, broke into the legislature, and his campaign tours have been replete with homely anecdotes. ‘1 once heard Josh tell a story,” says Mr. Latimer, “which amused his hearers im- mensely, ‘“‘A young feller had been a-co'ting,’ said he, ‘and wanted to ax the girl to marry him. He went to see her and sot and sot and sot closer and closer to her. “‘“Mary,” he axed her, “will yer hev me?" “**“Yes,” she told him. “‘“Why don't you say somethin'?"’ she finally ventured, ' “Wall, nuf's been said."” ' " ——e Apropos of the recent adoption in Ver- mont of the high-licepse law, Representa- tive Foster of that state tells an anecdote about an old farmer who never had an ache or a pain, but who, nevertheless, thought he ought to have a doctor, because he had never had one. The interview was to the point, the farmer asserting that he could eat as far as he could see on both sides of the table, and that he slept so well he didn't get up till it was time to do the milking. ‘“You are in perfect health,” said the doc- tor to the farmer, after making a physical examination, “but you are in the decline of life and perhaps you ought to take a tonle, something like a little rye whisky."” “Oh,’" sald the farmer, ‘I could never do that. 1 have a son and that would never do." “Who 1s your barber?’ queried the doc- tor, “I shave myself,”” replied the farmer. “Well,” rejoined the doctor, “couldn’t you have a bottle in your room and take the tonic whenever you shave?” This was agreed Lo, and It was some time before the doctor one day met the farmer's son and inquired about the patient, “He is getting along very nicely,” said the young man. “He 1s more active than ever, but he is losing his mind.” “Losing his mind!" exclaimed the doctor, in surprise. “What is the évidence of 1t?"* “Well,” sald the young man, “he insists on shaving himself six tmes a day.”