La Junta tribune., 1904-10-01

.
blunder n to have declared tha4 IL oso-
mon law would b fosnd safacieut b Asai
with all the tru& questions which eo0s
up. Parker msst have known. est -
probably f~eot. that. iron tie vssy nA-
turs Of thinsa, you e.nt apply IL con-
00o Law IN q patjonal eoaFt. Our federal
courts desive ~ their power fson the
Coostkuti@ Of the United States. Csa-
gress can only lsgisla<e under the Ceustk
ssuoo. ana, while we apply general pria-
ciplss in interpreting the hw. 4 b i'm
puseahss = secure any Affirmative action
In the United States court. except - tie
resalt OF . statute law duly passed by
Congress and approved By The President
Of the United States. A nan like Olnsy.
who has been interested In public az
fairU at Washington. would Asvss have
made the blundef Parker mada He
seemed to have written his speech Of ae-
esptance As II he were dealing entirely
In abstract questions which had heea pre-
sented for settlement by his own court.
His exposition Of the general principles
OF the Constitution was not bad from Q
legal standpoint, but when he came to
deal with the question of trusts he SEEM
ed to have forgotten that he was respond
ing to Q nomination from q national con-
vention, which had selected him to act ~
President of the United States, In which
capacity he would have to execute Unit
ed States laws only, and would have alb
solutely nothing to do with the common
law. This allusion Of Parker to tie
common law, as a means Of attacking
the trusts. has been q source Of surprise
and amusement to the profession all over
the country. Judge Parker's decisions In
New York State have always taken high
rank. and 1t was this which made the
amusement all the greater. We conld
not understand how IL could possibly be
that any good lawyer could have made
such . biunder. and we have been forced
to the conclusion that Judge Parker ah-
solutely forgot that be was writing On
national topic. This y only ~ In
stance going TO show the unwisdom Of
taking . man o6 the bench for . political
position. especially such Q position as
that Of President Of the United Statss-
8xpssisacs Nscessasy.
10 administer the aRairs Of tie gov
eminent successfully. experience 10 just
a. necessary A. 1t u to run Q hotel or q
railroad. A lawyer in active practice IL
necessarily thrown In to Q large extent
with the ordinary business Affairs Of the
II Ii entirely different He deals with
matters Of abstract hghk and wrong.
and all his training goes to remove him
from business problems. In point Of
fact. the successful Judge In . court Of
last resort should be ss far removed
from the influences Of daily life o. poasi-
ble. The ideal judge Is legal machine.
settling abstract principles OF law, where
~ the ideal President il exactly the oppo-
site. He executes the laws a. he finds
them. suggests new ones to meet new
conditions. and acts as the personal rep
resentativs of the people who make the
laws. II II not his business to interpret.
but to do. and the things which make Q
man . good judge make him . bad Preai-
dent, and vice versa. Parker would new
er have made 'that awful biunder if be
had had sny recent experience In Con-
xress or in an executivs position at
Washington, where be would have been
in touch with current opinion on this
subject. don't wonder that Rooss-
welt picked him up on this, and, In my
opinion. the President's paragraph about
the common law a. applied to the federal
control Of trusts is = most luminous ex-
position of the powers and the limitations
OF the federal government. But Ms Ger
The TssiR Issss.
II was glad to ses" said . successful
looking man. who explained later on that
he was . manufacturer In northern Yer
mont, IL was glad to see that the Presi.
dent made such . point Of lhs tariff
issue. We had dose Of Democratic free
trade theories mp our way about ten
years ago. which We will never forget
We are % near the Canadian border
that We get the worst Of every reductions
In the tariff rtes. We have to enter
into competition with the cheap labor
Of Canada. When the Wilson tariff bill
went into operation. just ten years ago.
il shut up my factory inaide Of six
moutha, and l tell you, gentlemen. ]
didn't open again until after Mckinley
was elected and tie Dingley tari6 law
went into operation. Il was . time Of
panic, ~ you know. thousands Of iaboe-
ing men were glad TO work foe any
wages. and JET, at the same time. could
not run my factory and compete With the
Canadians, who flooded our part Of the
country with goods made by the cheapest
labor. such ~ ! eoald NOT secure sves
in thoss times Of starvation. Thsrs are
soma places far In the Inferior whers
freight rates protect the0 fr00 foreign
conp<tition In times Of FREE trade. bot
thoss 81 - Who are near the border are
the 6fst - feel this eompetition. ga
it In the eeck ten years ago. and got u
good and hard. II there weren't any
other Issue between ths two parties. ]
would vote for Rsosevek, becauss be and
the Republicans generally stand for ths
protectios Of AmeSican MANUFACTURES
seainst The competition Of the cheap L.
boz. not saIy Of Canada. but of tie
world st large. We all believe In Fsei-
procify which b rseiprocal. and aee y
free trade un<1eS the guise Of recipfocity.
Rosseveit's story Of the disastrous e9ects
Of ths wiissa tsi9 Of 1894 b not ever
drawn h Tie slightest particular. asd
- eisd - - that he has kept the
tsri9 Issos - ths fruat, becasss n m
this talk - lDpesialism and e1frasa-
Eases as1 IT, truses. and sse thiae and