The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-05
OLD LAW is GOOD LAW.

In commenting upon the decision or
Judge Lochren in the Northern Securi-
ties case, a contemporary Bitterly an
friendly to the company explains the
difference between this opinion and
that rendered by other judges OF
the circuit court by saying that
there is an old and new in law and
it's interpretation. So it says that
there comes time when the pro-
gressive courts of progressive time
must refuse longer to be bound by the
old rulings of past time" 1.-THE new
way" is to test the laws by the spirit
of the times"
The newspaper from which these
wordseare quoted was in 1896, bitter
opponent of the Democratic party; and
some of it's most vigorous assaults
were then directed against a plank in
the Democratic platform which it con-
strued to mean that the courts of the
country should be nodded to fit popu-
lar opinion It matters nothing now
that the charge was false the point is
that men who then made it and who
held up the theory to universal execra-
ton are now forced to fall back upon
it in order to justify a preference for
49, 5oo;s;or -, +ba fadaral psSe against
the Northern Securities over that in
the state case. They declare boldly,
as the words above more tin1idly indi-
cate. that the courts should be swayed
in their Interpretation of the laws by
political necessities.
This is singular and perifous view
of the functions -ef-the courts. 1t is not
view that strengthens any case re-
quiring it, .or one that the people can
endure. This is a government of law, as
enacted by. legislative bodies and con-
strued by courts acting under written
constitutions. It is. therefore, gov
eminent by established law; by "old
law" as our, contemporary would have
it. When that law proves weak or in
furious, the people can and do change
it..
The opinion of Judge Lochren is in
keeping with what courts have held
from the earliest days when such is
sues wereob brought before them. 1t up
holds the ifnmemorial right to buy and
hold property. 1t says that the own-'
ership Of property unaccompanied by
any attack upon the. peoples rights is
not a crime.
Again, it says that, in order to re-
strain commerce, an act must, affect it
directly and not remotely. The thing
must be done, there as elsewhere, be-
fore offense can arise. It rejects entirely
the novel doctrine that the mere power
to transgrass law is equivalent to the
transgression; a theory which would
make of every man an unconvicted
murderer, since he surely has power to
go and kill some one if he will. This
is ''old law" These, are principles so.
well established by the decisions of our
courts and the growth of industry I'M
der them that no one until lately would
have Thought, +1,av -eo1,Jd ba e}aa Han god
The courts are most justly and
wisely reluctant to transgress the linz
its set them and the functions, assigned
to them in our distribution of gov.
ernmetal powers. When the old
law is inadequate or. pernicious
and we want a new, we go to.
the legislatures and the people,
not to the bench There could
be no more dangerous doctrine in
republic than that which should init
mate that the judicial mind might
without reproach be affected in it's
judgment of facts and principles by a
temporary popular cianlors as. our con-
temporary hints. TO encourage or to
recognize Judicial iaw-uaking. to. say
that the courts should step outside
their province and ignore constitutions,
override laws and threw down the prec-,
fedents by which the bench has been.
bound by generations is to preach rev.:
olution. no matter what tongue utrers
it, This is not the way in. which the.
spirit of the times expresses itself in a,
government of freedom and of law. $
The report given ont says TINT the
duties of Mr.. scilwab's successor will
be the same that mr.. sc1lwab has been.
performing. But it does not say that
he will draw the same salary.
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