Eagle River Democrat. [volume] (Eagle River, Vilas County, Wis.) 1893-1896, 1895-09-02
DEFENDS THE COURTS,
Judge Taft Of Ohio Refutes Inn
putations Regarding Fed

eraI Powers.


eral Powers.
Detroit, Mich, Aug. 2S.-The feature
Of today's session of the meeting of the
American Bar association was the annu-
81 address which was delivered this
morning by William II. Taft Of Ohio,
Judge Of the United States circuit court
OF appeals. Judge Taft referred to the
fact that within the past four years
the governors of several states had otli-
cially declared that the federal courts
had seized jurisdiction not rightly theirs
and had exercised it to the detriment of
the republic, and had urged their re-
sDective Legislatures to petition Con-
gress for remedial legislation to prevent
future usurpation, the principal charges
against the federal courts being undue
protection of corporations and oppression
Of the power of organized labor.
Since all members of the bar asso-
citation bear the same relation to the
federal judicial system, the speaker be-
lieved these criticisms to be proper sub
iect Of discussion before them, although
he deprecated any suggestion that his
words might be regarded as IN the ma
ture either of personal defense or as
of : nuasi-oAicial character.
Judge Taft admitted that non-profes'
sion8l criticism is by no means without
its uses and, in the case OF judges having
a life tenure. their very independence
made the right to comment on their decls-
ions an important instrument in the hands
of q free people.
Beginning as arbiters in a political con-
fict and welding similar powers until
today, the federal judiciary never en-
ioyed immunity from uni ust attack upon
their conduct or motives because OF the
character of their jurisdiction. The RAPID
increase of corporations, and their tree
II tfJsl1
resulted at times in the use OF money
for political corruption, and IN various
other acts which justly gave rise to popu-
lar distrust of their methods. The judge
continued as follows:
In spite of these well-known evils moth
ing can be clearer to calm, lntelHgent
thinker than that under conditions OF
modern society corporations are lndIspen.
sable, both to the material progress OF
this country and to the maintenance OF
The evils must be remedied. but not by
destroying one Of the greatest instruments
for good that social man has devised. While
socialism has not obtained much on a foot
hold in this country, schemes which are
socialistic in nature are accepted Dlanks
in the platform Of a large political party,
their underlying principle being that it is
the duty of the government to equalize the
inequalities which the rights of free con
about and to afford occupation and suS-
tenance to the. poor by an outlay derived,
as far as possible, from the rich.
Under the fourteenth amendment, the
question whether legislation and state &C
ton deprive any person Of his property
hoq due 81 W fas
has led to much legislation hostile to COR
porations. 1t takes the form Of discrlm-
be charged by those companies in quasi
public bushes and sometimes OF the direct
deprivation of vested rights.
IN speaking of the weight of evidence,
I, 80 11O ~ nod.
orator, the slightest scintilla of evidence
requiring a submission Of the case to
Jury. The Judge referred to the local
Drciudices which make it necessary at
times for the just interests Of corpora>
tions of other states to take such cases
into the courts where juries are not
friends of either OF the contending parties
and where power is given to the judge
to take case from a jury and direct
verdict where evidence for either party is
SO slight that contrary verdict would
be against the weight of evidence.
''The real abuses, however, find their
chief cause in political corruption, which
is wholly beyond the power Of federal
1ed-fts to prevent or eradicate, said
Judge Taft. seToo frequently the pOpu>
lar impulse is to remedy or permit the
evil by giving Judgment against the cor
poration in every case, 10 matter what
the particular facts are, Oh the ground
creased it's capital or attained success by
corrupt methods
He referred in detail to the relation Of
federal courts to organized labor, espe-
c;ally to their action in issuing injunctions
in tie American Railway union strike.
IN this connection he strongly criticised
the attitude of Gov. Altgeld of Illinois
in maintaining that q conspiracy de-
scribed in the Debs case was not unlaw-
full. Said the judge: "A public nuisance
more complete than that which Debs ct
al were engaged in furthering cannot be
imagined"
In closing the spaker hoped that in i'm
partial observance of the conduct of fed
eral judges It would be seen that they
have not greatly lacked in the two es-
sentials of judicial moral character--a
sincere desire to reach right conclusions,
accompanied by frmness to enforce them.
Judge Taft's address was heartily APP
pIaudad throughout At its close on
Recommendation of the general council,
forty-four new members were elected,
thirteen of whom are from Michigan.
After receiving reports from the COM
mittee on judicial administration and
remedial procedure and the committee on
legal education the convention adjourned
until this evening.
This afternoon the delegates gladly es-
capetl from the heat of the convention hall
o,,i> the