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18 tlLe nation should 80 bend Itsel! to throw every safeguard. as the borne 'Ufe or the averll~e cltlr.eo. Tile change would be good because It would conler on the Congl'ess the powor at once to denl radically nnd emctentl,. with polygamy, "nd tble should be done whether or not marriage and dlvorce al'e dealt wltb. It Is nelthel" snte DOl' prOpel" to leave the questloll of polYA"ll.ruy to he dealt with by the several States. Power to deal wIth It should be conferred on the National Government (p. 29). If there Is finy one thIng that the State is capable of doing, it is to manage Itnd control the relation wl1ich we cull the "marriage relation." They control the InwB of Inheritance and descent. and they have the right to provide, wllllt we have not the right W1tllOut a constltutiollul amendment to provide, as the President admits, who 811a11 get married, how they shull get married, and so forth. This Is one of the instances where some. body Is reaching out for n'ore power for the General Govern- ment, buL it is not. the only Instance; there are dozeus of them. I do not believe tile courts of t11e United Stn.tCFJ are above Cl'itIciF;m. I hu \'e critlc1sed them myself. I bn ye seeu coming from them dcdsions that J do Dot believe were good law, but when the decisions become the law of the land we ull mllst sub- mit to them. The Pl'<'!sIdent of the United Stlltes on various occnsions has crltlcised the conrl:.8. J doubt wJJ.ether it is a propel' thing for ono depurtment of the Govel'llwent to criticlse auother department ill that wny, except when tl1ere is It plain violation of constitutionul obligatIon; nnd for that reason I have been careful, and I might say negligent, in not making some complaInts which, I think, might have been made and ought Lo have been made. Not long since a district court down in Tennessee mado a de- cision which was crlticised by the President of the United StateR. '.rhe Pl'csldent of the United Stntes said the jUdge had rendered nil opinion that ought not to have beeu rendered, and he made some suggestion of legislation on that line. I believe I hnve his' very words, but I can Dot find them for the moment. I will say, however, thnt the PresIdent did not, I believe, sug- gest the removnl of tbe judge or anything of that kind; but he did flay to us by n message not long ago that he thOllgl1t he ollght to have the power to retire a judge when he deemed it wns proper so to do. In fi;ccordnnce w1t.h that suggestion, per- haps-I nm not certain about that-a Member of the House of Representatives illtroduced a bIll providing that the Pre8hlent of the United States mIght retire a judge when he saw fit. I believe It never renched any Rtage beyond being presented, and you can readUy imagine It would not get very far in any legisla- tiyC body of any ability in tMs country. I do not care about going Into pnrttculars. I only want to ::my that we know It is In the air thnt we have got to hl\ve 80me lIlnterlnl change in the Constitution, a Change that shnll girc eitller to the executive or the legislative department, or Mth, acldlttonnl authority. From whom does power come? D0es it not come from the people, the source of all power? Has any convention anywhere in thIs country, popular or other- wise, ever declared that there was not sufficIent power in the executive 01' that there was not sufficient power in the legIs- lnttve department? I do not know that tbey ever have. If they have, I nrn certain that party bas not got nnl' representR- tive on thIs 11oor. It mny possibly be that some political or- ganization bas so declared, but It never bas been strong enough to send a mnn here, or at lenst It bas not any here now, I am 44406-7:816 " , i i I 'j