New-York tribune., 1900-11-21
JOHN X. COwEN AND THE CANAL.

When Bishop Lawrence had ended Mr.. Jesup
rose to introduce the next speaker. John K.
Cowen. Mr.. Jesup said:
:, One of the greatest problems before us as New,
shall be brought to the Atlantic seaboard and dis
tributed with that freedom which will enable us
to retain our supremacy as the commercial city
of the country.
Mr. Cowen responded to the toast The Trans
portation Interests of the Atlantic Seaboard {"
He thought that ii against those interests
to build the deep waterway canal across the
Isthmus of Panama, and spoke of the effect Of
such a canal on Southern trade He doubted
whether the proximity Of Southern ports to that
canal would give them any advantage over the
Northern ports, and gave many illustrations to
bear out his belief
CHIEF JUDGE PARKER HEARD
Mr.. Cowen followed by Alton B. Parker
Chief Judge of the Court of Appeals of the State
Of NewYork Judge Parker responded to the
toast The Judiciary He was listened to with
the greatest interest. He said:
Mr.. President and Gentlemen Of the Chamber of
n can hardly & hope to in interest you in
Of the night and after SO very many able 1I and e n
teresting speeches but if you will be patient with
ton. very briefly. to a single feature of the vast
field of labor occupied by the judiciary in this
quences affecting at times directly great bodies
sae T eaue @ a OF Of hs
the bench the bar and the student and one
which has no counterpart in the judicial systems
OF other countries. The trainers of our govern
mental system, apprehending that 1t might happen
that the legislative department of the Government
would undertake TO oppress the people by legisa
tion hostile to their interests determined
the right to the people to the boundaries of
legislation beyond which the lawma king power
the scheme of the Constitution by which the people
make what sometimes has been termed the Su
preme law so designated because it can be neither
added TO nor abridged by legislation. and only
be changed by its creators-the people.
CRITICISM OF THE JUDICIARY
Some of the trainers confident that If not
by design then through carelessneSs the legisld-
tive department which the Constitution to
commit the making of laws might enact statutes
hostile 10 the express commands of the Constitu-
in the history Of nations, was given the power TO
set aside statutes that thus offended against the
Constitution. Some of people then, ana
for a long time afterward were Of opinion that IL
serious mistake to intrust so vast power 70
the judiciary, and critics Of other countries did
not hesitate to characterize it Of the weak
features of the Government. Some of them thought
they saw in the scheme a possibility that the
courts would attempt TO control legislation in some
measure by setting aside statutes that deemed
critics overlooked the fact that the Constitution
courts any power whatever. 1t devolved
upon the courts the duty OF deciding IN
those cases in all others, what is the law,
necessarily requiring them, therefore, to give to
den by the Constitution. in which event the Su-
prene law should control and the statute give
yay The judiciary of this country however, very
soon set at naught these prophecies Of danger, for