Before the winter is over considerable is likely to be heard about federal judges who overturn laws on constitutional grounds after the ablest lawyers among the nation’s statesmen have spent weeks and months In perfecting the same. Recent decisions with respect to tho employers’ liability act have already started the discussion.
In his last annual message to congress the president referred to the almost nonchalant ease with which federal judges declare unconstitutional measures which have been “solemnly” considered by congress.
Almost everybody has forgotten that Judges Evans and McCall were once members of the lower house of congress. Neither of them made a mark as a constitutional lawyer. The fact is being pointed out that many occupants of the federal bench in the lower courts to day are men who, if their terms were to expire this coming Sprlng, would be known as “lame ducks.” Most of them have been appointed simply to take care of them when they get out of a job. Judges Quarles of Wisconsin, McComas of Maryland and Pritchard of North Carolina were all senators who had lost out when elevated to life positions on the bench. Aside from Judges Evans and McCall, there is Judge Dayton of West Virginia, who was a member of the house. Few, if any, of these judges when in congress ever cut any figure In constitutional debates. Inasmuch as President Roosevelt has freely criticised judicial decisions in the recent past, it is probable that the policy of rewarding so-called “lame ducks” also may come in for criticism from other sources of public life.
The Jackson Herald, Jackson, MO, January 31, 1907