The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-08-29
JUDICIARY DEFENDED
JUDGE TAFT's ADDRESS BEFORE
THE AMERICAN BAR ASSOCIATION.
Relation Of Federal Courts to Organ-
fzed Labor-Debs's Conspiracy Con-
demned as n Public Nuisance.

DETROIT. Aug. 2s.-The feature of to-
days session Of the'meeting of the Ameri-
can Bar Association was the annual ad-
dress, which was delivered this morning
by the Hon. William II. Taft, of Ohio judge
Of the United States Circuit Court of APP
peals. Judge Taft referred to the fact
that within the past four years the Gov
ernors of several States had officially de-
clared that the federal courts had seized
juridiction not rightfully theirs and had
exercised 1t to the detriment of the Repub-
lie and had urged their respective legis-
latures to petition Congress for remedial
legislation to prevent future usurpaton
the principal charges against the federal
courts being undue protection of corpora
tions and oppression of the power of or
ganized labor. Since all matters of the
Bar Association bear the same relation to
the federal judicial system. the speaker be-
livede these criticisms to be a proper SUBJ
ject OF discussion before them, although
he deprecated any suggestion that his
words might be regarded as in the nature
either of personal defense or as of quasi
Official character. Judge Taft admitted
that non-professional criticism is by no
means without its uses. and in the case of
judges having life tenure their very in
their decisions an important instrument in
the hands Of free people. Beginning
as arbiters in political conflict and WELD
ing similar powers until to-day. the fed
eral judiciary never enjoyed immunity from
unjust attack upon their conduct or mo-
tives because OF the character of their
jurisdiction. The rapid increase of corpo-
rations and their freedom, in some cases.
from moral restraints, resulted at times in
the use OF money for political corruption
anu IN various other acts which Justly
DDS. ' -''e'i-
In spite of these well-known evils,
sa'o tne Judge, nothing can be clearer
10 calm, intelligent thinker than that
under conditions Of modern society corpo-
rations are indispensable, both to the ma
teriai progress OF this country and to the
maintenance or that We have. The evils
must be remedied. but not by DESTROYING
one OF the greatest instruments for good
that social man has devised. While social
ism mas not obtained much OF foothold in
this country. schemes which are social
istic In nature are accepted planks in the
platform or large political party, their
duty of the government to equalize the in
equaiities which the rights OF free con-
tract and private property have brought
tenance 10 the poor by an outlay derived
as far as possible from the rich. Under
the fourteenth amendement the question
q
prive any person of his property without due
process or law has become a federal one.
freJuulce against corporations has led 70
much legislation hostile to corporations
IL takes the form OF discrimina ting taxa
ton. or regulation of rates to be charged
by those companies In quasi-public bust
ness and sometimes of the direct danrsva
ton of vested rights"
In speaking of the weight of evidence no
referred TO the Judge as a mere moderator
tne Sngntest scintilia OF evidence requiring
submission of the case to a Jury J'he
Judge referred TO the local preiudices
which make IL necessary. at times FOR the
just interests OF corporations of other
states TO take such cases into other
courts when Juries are not friends of
power is given to the judge TO take a case
from jury and direct verdict where
evidence for either party is so slight that
contrary verdict would be against the
Weight Of e, evidence The real abuses
In political corruption which is wholly be-
yond the power OF federal courts TO ure-
vent eradicate. Too frequently the
popular impulse is TO remedy or permit
the evil by giving judgment against the
the particular facts are, on the ground that
the corporation has probably increased IT'S
capital or attained success by corrupt
methods"
Judge Taft referred in detail to the rela-
and especially to their " action in ssning ssPor
injunctfons in the american Railway
Union strike. In this connection he strong
ly criticised the attitude OF Governor Alt
geld, of Illinois. in maintaining that a
was not unlawful. Said he: "A public
nuisance more complete than that which
Debs ct al. were engaged In furfhering
cannot be imagined" In closing. the