Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 6
Page 77
77 / 108
<a aimee ome eet a adr 4
IR ENOUGH
rowdy spectacle of two justices of the
; Court rolling on the floor in a tangle
attention to some actu&l practices and prejudices
pf this court which the citizens otherwise might
“wot wppreciate. ~ Cet
* \ahe layman who ordinarily pays no attention
to its ethics, manhers and reasoning and never
‘reads its opinions, may be unaware of changes
ominous to him unless he reads carefully the text
of Justice Jackson's denunciation of Justice Black
f ‘nd the surrounding evidence of hatred and
"Henceforth takes the trouble to plod through
-mouch tedious reading. .
‘This court is supposed to be aloof and impartial
"'¥et, anyone who has followed its decisions in
jrecent years can predict its verdict in almost any
“ease concerning a union or an important poli-
‘fician of the union movement. ~ .
7 "These forecasts can be based on « series of dect-
gions accompanied by sophisticated opinions,
. counting to political harangues, which have
~~ endowed this auxiliary of the court's own political
2 party with rights that amount to predatory
~ privilege, These opinions, as & series, have con-
jflontd conduct by unions which would be held
~ eriminal if proven against any other individual
~~..,or ghoup. In passing they have deliberately
‘J blessdli gross immorality in conflict with the Ten
Commandments, specit shait not
“c-1a gteal”
‘ jasainst thy neighbor.”
HAVE recently seen Congress put to the
, necessity of repudiating # decision of the
-~’ eourt that it intended to endow a highway robber
~ with the status of an employe of his victim pro-
“vided the robber held a union card and to regard
his loot as honest wages.
Such, of course, never was the intent of Con-
grees, and it is very doubtful that an honest
eourt would recognise any right of Congress se te
enact f ;
wt. There have been two conspicuous opinions in
flagrant violation of the Eighth Commandment.
“$m the so-called carpenters’ case, the majority
‘opinion held that a union was merely indulging
familiar union practice when it advertised
falsely that Anheuser-Busch was unfair to organ-
dred Inbor and organized a boycolt of this
brewer's beer. If such be familiar union practice,
and it is, it is for an honest and moral court to
Geplore, not countenance. : ;
|-3
and admitting that the unioi, iteelf, had vio-
its own agreement and
the court held for the union.
ANOTHER, known as the cafeteria case, the
court again held that it was only familiar
practice, as again it was, to advertise
ly that the owners of a small business were
ists. This was recognized as part of the
e end take of such disputes, although 8 co’
@ensible of Christian morals would ha
WASHINGTON TIMES HERALD _
AFTERNOON EDITION
56 AUG 31946
all for the best if {t calls general .
ically “thov
and “thou shalt not bear false witness |
‘ Yet, admitting that the employer was not un- that American Jaw is supposed
put itself in the
ag ne tates eee
Se es me tae a
such slander may be, ft isimmoraL _
Regardless of its decisions on the legal sues
tions invelyed in these two cases of falselipod
against innocent parties, the court had no need
to indorse or condone such conduct. =,
cases and the sordid opinions holding
unions above the kickback and racketeering
laws are all part of a whole program of politics
in the court. ‘ ;
The dissenting opinions have been, altogether,
clear, vigorous, patient and dignified. |,
However, dissents are but statements of lost
catses and the defeats of Justice and morals have
been consistent.
r JUSTICE JACKSON'S startiing attack on
Justice Black, somewhat concealed among an
angry text that few citizens would read at all,
there occurs & alarming revelation.
Jackson says that someone in the court actually
proposed that 2 decision in @ pending isbor case
be handed down in a hurry, “without waiting
for the opinion and dissent,” for the improper,
political purpose of exerting an influence on
negotiations between the mine workers and the
’ operators.
Oue fustice, not named by Mr. Jackson, would
have used the weight of the court to tip the bal-
ance in favor of a party to negotiations who hap
pened to be his friend. ,
&
Fiturm Federal district courts, notwithstané
i the fact that many of the judges nows®
Roosevelt appointees, have been more faithfu\°
the true concept. . .
In many cases, however, they have had to d
elde in favor of unions and against innocent
parties and the public interest because the §u-
preme Court already had ruled in favor of its
Political proteges in precedent cases.
Lawyers have become aware of a growing pref.
udice among both judges and the people. The
result of political aggravation and propaganda
Which depicts individuals and groups 4s “Fascist,”
“antilabor” and “antiSemitic” merely becsuse
they opposed portions of the New Deal and Roose-
veit. They try to pick their judges while opposing
counsel, sensing the advantage they enjoy before
certain biased judges and before juries drawn
from radical nefghborhoods, fight for that ad-
The resuit is that the defendant or litigant
Mentified with the political minority in a com-
munity must compromise his rights ar go into
court conscious that he hasn’t the even chance
to guarantees the
citisen but with the odds against him.
a
unfit appointess.
0emnvricht 1840 Wine Wastnrse tenfionte .
/ eecasion to say that, familar practice though’ —,
{\
N
Mr.
Mr
} Mr
Mr
r
Me
_ Mr
\ t Mr
; Ver
“ Mr
Mr.
t
M
M
iy.
T.
Fr.
Tolson
. E, A. Tamm
. Clegg
Glavin
i ¥
Ladd-
Nichols_"/
—_ti—
Rosen
. Tracy
. Carson
——<—<—<—<_—
. Egan
. Gurnea __
. Harbo .
. Hendon
. Pennington
Quinn Tamm_
ease
s/Gandy__,
7 a? é
Zi
"NOT BEG
EXi- 28
‘en
IVEXED Y 2-53 G2 5-H
¥
¥
uy 45 JUL B3 1949
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic