The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-04
rHIgF JUDGE PARKER SPEAKS
,,prSS on "DUE PROCESS OF
an" 10 THE GEORGIA BAR.
,,oorporation In FOurt zenith AmcDd-
nv ,,,.,t Inscribed, and the Relation OF
SAFE Laws 10 The Constitution Ana
,,,pd Ovation for the speaker.

tnpn
STATE Law, 10 The Constitution Ana
wed Ovation for The speaker.
r,,rtAu FALLS, Ga, July 3-Chief
,,,o Atom b Parker OF New York spoke
Vu s,o ,be Georgia Bar Association in
anal session here to-day. The sub
a'" oS his address was Due Process of
y,,, and he got an enthusiastic hearing.
A, the close of his address an ovation was
.,or him. the members of the associa-
-, crowding around to congratulate him.
"' r,d,, Parker in his address traced the
L,,.c due process of law back to
warna Chara, finding it synonymous
,,I IN, Older phrase "the law of the land.
Nv, more comprehensive. In England, he
",id /, restrained the King, not Parliament.
Hare II operates upon every department OF
r,doral and State government, executive,
iogslatiyc and judicial, though it may well
ho that when /, became part of the consti-
r,;on of each of the original thirteen States
,nd If the Fifth Amendment to the Federal
constitution it was not expected by many
ubo participated in their framing that the
.copr of the phrase would be wider here
than in England Since the time OF the
u,rIury VS.. Madison case, however, the
,ourts have from time to time set aside
statutes of State legislatures and acts OF
congress because repugnant to the spirit
pyemplifel
And IT such work of the courts" said
Judge Parker, I'VE can at least innorse ane
p,a,Smcnt of that not too friendly critic
Rryrc In lis American Commonwealth
hc saws, 'Frw American institutions are
I,ner worth studying than this intricate
u,cial machinery: few more deserve
snnrobation for the smoothness of their
working few have more contributed to
,br peace and welfare Of the country:
Passing to the incorporation of due
rroress Of law" in the Fourteenth Amend
mont TO the Federal Constitution, Judge
parker showed that this time the same pro-
vision became not a restraint upon the
f,drral power as it had been, but limitation
mon the power of the States. Or the Four
tHonth Amendment he said;
VI no time in the history Of this country
,,uld this amendment have been adopted
nror 10 the so-called Reconstruction Period:
md II 1t we're not now part oil the Constltu-
ton II IS not probable that IT could be ncor-
rorated into that instrument. IL Is doubt
mi If il would have been adopted had 1t been
then understood to confer upon Congress
The power TO enforce the restrictions on state
row'rs contained in the amendment. and
nrou the supreme Court power to set aside
provisions of a State Constitution or statute
Which in the Judgment oil that court aDrldge
the privileges or immunltleS OF citizens OF
the nited States, deprive any person OF
liz, liberty, or property without due process
Of law, or deny to any person within the URLS
1irtion of the State equal protection ot the
laws thereby placing the essential rights
Of life. liberty and property under the ulti-
mate protection of the National Government;
beyond all question support was obtained
for the adoption of the Amendment upon
The suppostion that its sole purpose was to
benefit and protect the colored race. Indeed.
tnprp Is abundant evidence OF this in the opin-
ION Of Mr. Justice Miller in the Slaughter
House cases. and In the opinion OF MIR. Justice
strong, in which all the court concurred. in
strauder VS.. West Virginia. in which he says
hat the true spirit and meaning of the amend
rIrnts cannot be understood without Keeping
N view the history of the times when they
we're adopted. and the general co'ects 'h tas
Fourteenth Amendment was designed to
assure to the colored race the enjoyment
of al the civil rights that under the law are
pnoyed by white persons, and to give to that
race the protection Of the General Govern.
ment, in that enjoyment. whenever y should
verv much whether any action OF a State,
not directed by way or discrimination against
The negroes. as a class. Will ever be held to
come within the purview OF this provision.
That pre- diction, Judge Parker declared,
has not been fulfilled. 4As matter OF
fact, not one case in twenty decided under
that amendment involves the rights and
privileges of the colored race, although
violence is not wanting that the members
of the Supreme Court strove for time to
limit the operation of the amendment to
UGH situations as the court believed the
States voting for 1t regarded 1t as APP
picable.'
He pointed out that while the opinion
Expresses accurately probably the general
purpose Of the Fourteenth Amendment,
several Senators contributing toward it's
formation have said that it was intended
by the trainers to operate in the broadcast
sense, notably Roscoe Conkling, who pro-
,iuced the journal of the committee to show
how the various provisions came to be
Inserted, saying that individuals and cor
porations had been for some time appealing
for Congressional protection against dis
eliminating and unfair State and local
taxation, and asserting that the committee
intended to give to the provision the broad
Est possible scope and operation Tor the
benefit Of all persons, whether white or
black
Judge Parker grouped the great branches
" State legislation affecting personal
liberty and property rights under -FOUR
heads Police power, the power OF emf,
nent domain, the power OF taxation ana
procedure, civil and criminal.
Dealing with each Of these In detail ne
quoted the Supreme Court as holding that
neither this observation-disclosures and COM
prchcnsiye as il is-nor any other amend
ment, was designed to interfere with the
power of the State, sometimes termed lts
police power, to prescribe regulations TO
promote tho health, peace, morals, edica-
ton and good order of the people, and 70
agisate So as to increase the industries or
Nh" State, develop its resources and ADD
To lis wealth and prosperity.
In regard 10 the bearing OF the amend
mnn' upon the power OF eminent domain,
he showed that while the power OF the state
10 take private property for pubic use
on payment Of Just compensation TO the
owner is Inherent in sovereignty and neces-
sary 10 il, the amendment prohibits the
States from taking without due process
of law meaning that there must be COM
r'osaton as well as orderly procedure in
tho taking
IN the matter OF taxation he quoted
decisions 10 show that the tendency OF
later wears to assume that the Judicial
department Of tho Government can and
should r"yjow and correct the errors OF the
legislative and EXecutive-manifeste in
many reported cases. the asSemblage OF
which would cert ainly be interesting and
may soon become necessary az warning
has received little support from the United
states Supreme Court, while considering
me assaults upon taxing statutes OF states
and the procedure hereunder.
Finally, he dwelt upon the responsibilities
paced on The United States Supreme Court.
said Judge Parker:
feel warranted IN saying that. valuable
neyond compare as has been the service
70 the people during all the period Of its ex-
'"hce- although mistakes hive NJ times
nNen made and will Of necessity be made in
hr future it has never been charged with