The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-08-24
IN HIS OUTAGE.
Gov. Altgeld Says Some Things
About Judge Cooley
His Views We're Worth Some
thing Once But Not Now.
He Is INCONSISTENT.
Altgeld Says COOley's Opinions
Don't Always Agree
His Later UtteranceS are Born
Of Grateful Dotage.

SPRINGFIELD, Ills, Aug. 24.-Governor
AIsgeld has been interviewed regarding
Judge Cooley's address before the Amer
lean Bar association criticising Altgeld's
protest to President Cleveland and against
sending federal troops to Chicago during
the late strike. Governor Altgeld said:
Judge Cooley's reputation is liable to
have injustice done it unless the peo-
pie will discriminate between the real
Cooley and the later Cooley. In address
ing the bar association he was in the role
OF a fashionable preacher, who, if he
wished to be popular with his audience,
had to cater to its taste. The
bar association is a small body of
men, most of whom have corporations
for clients. They are shrewd and able
men. who know where fat fees come
from. A lawyer whose clients are poor
could not afford TO go 10 Saratoga and
attend a bar meeting.
Judge CoOley's utterances there must
be taken with some others recently made,
and the question is how much import
ance attaches to them simply because
they came from Judge Cooley. N early
thirty wears ago when Judge Cooley was
in his prime, when he was a teacher IN
the Ann Arbor law school, he wrote "A
book on constitutional law which was
an able work and gave him
reputation. In this work he
points out the limitations upon the fed
eral government, and calls attention TO
the constant danger that free Institutions
are in from the eucrOachments of CEN
trail power through the agency of q
standing army.
Among other things he said: A stand
ing army IS peculiarly obnoxious to any
free government, and is more dreaded
by the people instrument of op-
preston than a tyrannIcdl monarch or
fereign power. The alternative of a
standing army is a well regulated militia
ssBut after writing this book and while
a member of the supreme court Of the
state, he esta bll5hed a reputation Of be-
ing a corporation judge, and nude him
self so obnoxious to the people of Michi-
gan that they arose and put an end to his
career in that state. For some years
past he was out of job.
Then congress created the interstate
commerce board, and Cleveland during
his first term as president appointed
the judge on this board on a salary of
$1,000 d year and expenses, which was
prIncely, com pared with what he had
been receiving. He held on to this place
tired on account Of his old age. feeling,
as he said, very grateful to Mr. Cleve-
land.
Recently after the president had sent
troops 10 Chicago. the judges gratitude
impelled him to rush into print in let
ter commanding the president on his ac-
ton Among things in that letter he
uses the following language:
Il especially gratified that great
and valuable lesson in constitutional con
struction has been settled for all time to
come, wit very little bloOdshed.' thus
admitting that the constitution did not
clearly give the president the power to
do what he had done, aud that it had
been necessary for the president to give
d lesson in construction in order to do it.
and the Judge was gratified that this les
son in constitutional construction had
been given with 50 little blO0dsheL
clad the constitu ION clearly given the
power, neither u bloodshed cons ruction,
nor any other construction would have
been necessary.
The world has heard Of constitutional
construction by means of The military be-
fore. 1t has happened before The
operations were sometimes brilliant. but
were always fatal to the patient.
"When Judge Cooley was in the vigor
of manhood he expounded the constitu-
tion liNe free man, addressing a free
people there was nothing subservient in
his utterauces and the bright reputation
he then made must not be clouded by
utterances that are born of grateful
dotauev