New-York tribune., 1900-11-21

have been set aside In others not. and If you will
Attention me TO one case With Which ali Of You aqe
familiar You will recall that in the early days of
reason satisfactory to 1t repealed its charter.
THE BROADWAY FRANCHISE CASE
Not content with this. another act was passed
by which II was undertaken TO transfer the fran
GMse without compensation to the city OF New
York. the effect of which would have been 10 have
corporation without anything for their security ex-
cept the rails and the track and the ties and the
rolling stock road that they could not run.
But when the to the Court OF Appeals
mat court said no; franchise is property II Is
prohibits the transfer of property. the taking of
property for public use without compensation. and
law. ''S 1t IN any case "'''0"' ''s process 0'
The full value Of that decision cannot OF course
be measured by its effect upon the innocent bond
holders and creditors. Indeed. II is immeasurable,
f0r VINO can te now many sap mn f 5bi m te s
cision Interpreting the Constitution stands athwart
the pathway Of ali such attempts?
1t would be folly to assert that all these numerous
decisions in the nearly century that has elapsed
Of them free from mistake for judges are but
anrb aq1 B 5s c PREM bDS 10
indorse with confidence the statement that not too
wGe GTF IN 9 this subee He
Few American institutions are better worth study
deserve appreciation for the smootpness OF their
working. few have more contributed 10 the peace
and welfare Of the country
INDEPENDENCE OF TEE BENCH
Indeed. gentlemen of the Chamber Of Commerce.
you who public spirited of affairs, anxious
for your country's prosperity and Jealous in the
preservation OF the rights OF the citizen. doubt
not but you, taking retrospective view of the
legislation with which you perfectly familiar.
that has been aside by your own Appellate
Division. OF which you and Of right ought to be
proud. by the Court OF Appeals Of your State. or
by the Supreme Court OF the United States, Will go
further and say that only have such decisions
been in the main just. prudent and far seeing but
also that they have been made by courts the mem
bers OF which not only just but absolutely
fearless In the discharge OF their duty they saw
II, after exhaustive research and patient thought
AS a result. you confirmed in the faith that
your forefathers builded wisely when they con-
ferred this important function upon the judiciary.
And TO the future, toward which all are look
Ing. doubt not but you will agree with me IN
prophesying that descendants in the genera
tions 10 will he able TO bear similar testimony,
provided only that the people shall see TO 1t that
the absolute Independence of the judiciary snail
be preserved In the future as in the past.
MEDAL FOR HUGH II. HANNA.
When Judge Parker had finished. Mr.. Jesup
said that he had one of the peasantest duties
OF the evening to perform He presented Hugh
H. Hanna. chairman of the Executive Commit
tee of the Indianapolis Monetary Convention,
with a gold medal which had been voted him
by the Chamber of Commerce last April for his
services in the fight for sound money. MIR.
Hanna accepted the medal and thanked the
Chamber for its gift. The dinner then ended.
The arrangements for the dinner were admt-
rably carried out by a committee consisting OF
]. Edward Simmons Henry W. Cannon, John s
Kennedy Charles s. Smith and Cornelius N
Bliss.