The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-07-04
MELDRIM PRESIDENT
CHOSEN BY THE AMERICAN BAR
ASSOCIATION.
ON "DUE PROCESS OF LAW'
JUDGE ALTON b. PARKER AID
DRESSED THE LAWYERS.

Smith Introduced HIM. anu lie was
Given an Ovation.
Tallulah Falls, July BIN many re-
spects the most notable event in the
history of the Georgia Bar Associa-
ton was the address delivered to that
body by Chief Judge Alton B. Parker
of the New York Court of Appeals,
and the reception given that eminent
New Yorker by Georgia's foremost
Judges and jurists.
To-days trains brought in a large
number of prominent attorneys, MEM
bers of the Senate and House and
other citizens from different parts of
the state, and the beautiful pavilion
was crowded to overlooking this aft
ernoon when the hour for the address
arrived. Early in the afternoon a
heavy rain began to fall and there
were evidences of a storm, but by 4:30
o'clock the sun broke through the
clouds. and all the external became
most propitious and pleasing.
Judge Parker was escorted from the
hotel by Chief Justice Simmons, for
mer Chief Justice Bleckley, Senator
Bacon and the judges of the Supreme
and Superior Courts. AS the party
entered, the audience rose, giving the
distinguished visitor a most enthusi-
astic ovation.
President Burton Smith introduced
Judge Parker in an exceedingly happy
sneech. Another ovation was given
that gentleman as he rose to deliver
his address, and it was several min
,ttes before he could proceed.
Que Process of Law was his
theme. AS was BETTING the occasion
he read his address, a carefully pre-
Jared legal paper and he was given
the compliment of the closest attention
of his large audience.
Judge Parker's Address.
Judge Parker spoke in part as fol-
lows:
The source of the famous phrase,
One Process of Law, is to be found
in the English Magma Charta. the Two
phrases due process of law and, tine
law of the land. have long been treat
ed as synonymous.
The phrase does not appear in the
original constitution of the United
States adopted in 1887, but was first
embodied in the constitution with Arti-
Gle 3 of the amendments to the origi-
nal constitution, proposed by Congress
in 1889. The words are also found IN
the constitution of most of the states
of the Union. In some of the states the
words due process of law are not
used the trainers of the constitution
OF those states having more closely
followed the phraseology of Magma
Charta, the law of the land
while the phrase came to us from
England, it is far more potential under
our system of government than it is
or ever was in England. There, it re-
strained the King, and not Parliament
Here it operates upon every depart
ment of federal and state government.
In this country no provision was in
serted in any constitution that in eX-
press terms conferred upon the courts
the power to set aside the statute on
the ground that it offended against any
provision of such constitution. The
phrase, however proved to be a limi
tatiOn on legislation in 1893 when the
Supreme Court of the United States
supported by an opinion of Chief JUS
tice Marshall declared an act of Con-
gress which attempted to confer orig
mai jurisdiction on the Supreme Court
under the judiciary act, null and void,
on the ground that it was repugnant
to the provisions of the constitution
distributing original and appellate au-
thority.
That famous decision, asserting for
the trst time principle which lies at
the very foundation of our constitu-
llonal Jurisprudence, was in hostility
10 the views of many of our famous
statesmen, among them Jefferson and
Hamilton.
"rhe Judicial Veto"
one of the earliest cases of which
trace is found sustaining the principle
OF a judicial veto of a legislative act, >
was brought before the Supreme Court
OF New Jersey and argued on consti-
tutlonaI grounds in 1879. The decision
neld that an act providing that trial
ny jury should be by a jury of six
men was unconstitutional Later the
Jaw mus declared unconstitutional was
amended by the Legislature.
Judge Parker calls attention to nu-
nieTous legal cases in Which the prin-
clpie Of due process of law was in
volved and dwells upon the fact thar
IN 1903 the Fourteenth Amendment be-
came a part of the constitution of the
united States, by which amendment
was Incorporated in the constitution
the due process of law provision, to
be found in most of the state constitu-
ions; and this time not as a restraint
upon the power of the federal govern
ment, as in the Fifth Amendment but
as a limitation upon the power of the
states.
AT no time in the history of this
country could this amendment have
been adopted prior to the SOL called re-
construction period; and if it were not
now part of the constitution it is not
probable that it could be incorporated
into that instrument. 1t is doubtful
if it would have been adopted had it
been thea understood to confer upon
Congress the power to enforce the re-
strictions on state powers contained in
the amendment, and upon the Supreme
Court power to set aside provisions OF
state constitution or statute which
in the judgment Of that court abridge
the privileges or immunities of citizens
of the Omitted States, deprive any per-
son of life, liberty, or property with
out due process of law, or deny TO any
person within the jurisdiction of the
state equal protection of the laws
thereby placing the essential rights Of
life, liberty, and property under the
ultimate protection of the national
government
Beyond all question support was
obtained Tor the adoption of that
amendment upon the supposition that
It's sole purpose was to benefit the col
ored race, which at that time needed
protection against unfriendly action In
me state where they were resident
he amendment was designed to as
sure to the colored race the enjoyment
OF all the civil rights that are enjoyed