The Lamar register., 1904-07-06
ABUSE OF POWER
ex.sEcaerAaY Roor's PLEA
Good Intentions Do Not Excuse
usurpation.-offieiaIs Should Be
Held to Constant Accountability.

usurpation.-oficiaIs Should Be
Held to Constant Accountability.
New Eaxen, Conn. June 30.-ln his
address before the Yale law school SEN
iors, ex-Secretary of War Elihu Root
spoke on Some Duties of American
Lawyers to American Law.
I'm all the field of the law regulat-
ing the relations of citizens to each
other" Mr.. Root said in the course OF
his address. "the proper function of the
lawyer is to promote national progress;
to maintain stability against all fads
and crude innovations and at the same
time to keep the Development OF the
law moving with equal step abreast OF
the progress of the age. satisfy the
moral sense of the time and meeting
the changing conditions of human life
and activity.
There is one general chance OF our
system of government which is essen
tial and which it is the special duty OF
lawyers to guard with care-that is the
observance of limitations of official
power
There is constant tendency to ig-
nore such Limitations and condone the
transgression of them by public off,
GERS, provided the thing done is with
the good motives from desire to serve
the public. Such a process. if general.
is most injurious.
IF continued long enough it results
in an attitude OF personal superiority
on the part of the great officers which
IL inconsistent with our institutions, a
destruction of responsibility and inde-
pendent judgment on the part OF the
lower officers, and a neglect of the hab-
1t of asserting legal rights on the part
of the people.
THE more frequently men who hold
great power in Office are permitted to
override the limitations imposed by
law upon their powers, the more diff
cult 1t becomes TO question anything
they do; and the people. each one weak
in himself and unable to cope with
powerful officers who regard any ques-
tioning of their acts as an affront, grad
ually lose the habit of holding such Of
ficers accountable and ultimately prac-
tically surrender the right to hold them
accountable.
Constant accountability of public Of
ficers for strict observance of the linn
its imposed by law and customary and
undoubting assertion of the private
right of the citizen to have no power
exercised over him except in strict ac-
cordance with the letter and the spirit
of the law-these are the essential con-
ditions of free government and person
al independence.
"The officers exercising power not
conferred by law may in particular
case destroy no mans property nor re-
strain his liberty, but it weakens the
title to every mans property and in
jures every mans liberty. because it is
one step in a process which. If contin-
ued. would be destructive of our free
institutions
Abundant evidence that our people
have not become Indifferent to the nee
essary limitations is furnished by the
frequency with which political oppon-
ents impute disregard of them to pub
lie officers. The charge is often un-
founded and often made upon slight
foundation with great exaggeration.
But the fact that it is made shows that
political leaders recognize that II they
can make the people believe that a
public officer has usurped power he will
be condemned without regard to his
motives
THE cry of emperor. cZar and man
on horseback are but extravagant ap-
peals to an instinct which ought to ex-
ist. and happily does exist, among us.
against submission to unlawful author
ity. however trifiing may be the exer-
else and however beneficial its despot
ism.
THE extravaganza and lack of foun-
dation for many of these appeals. how
ever. involve the danger lest the cry
of wolf should be heard SO often that
men will become incredulous and in
different and turn a deaf ear to state
ments and proofs of real encroach-
ments. made with moderation and not
for political effect, and that thus indis-
criniinate and unfounded charges
against the innocent shall serve as a
protection to the really guilty.
No one is SO well fitted as the law
yer to ascertain the true limits of Of
fetal authority, and no one can do SO
much as he to form public fopinion re-
garding this class of questions, upon
the lines not for partisan political ad
vantage, but of independent and i'm
partial judgment"