The Teton peak. [volume] (St. Anthony, Idaho) 1899-1904, 1904-09-29

50" "oulu pe round Suf1clent to deal |
Win all the trust questions which come
up. iarker must have known. but he
propabiy forgot that. from the very ma
lure Oh things. You can't apply the COM
mon law IN national court Our federal
couros derive all their power from the
CONSTITUTION OF the United States Con-
eress can only legislate under the Consti-
luuoh' and, while we apply general prin-
clpleS III interpreting the law, it is i'm
possible to secure any affirmative action
III the United States court. except as the
result OF statute law duly passed by
congress and approved by the President |
or the United States. A man like Olney, |
VINO mas been interested in public af- |
1alrs at Washington, would never have |
made the blunder Parker made. He
seemed to have written his speech of ac-
ceptance as if he were dealing entirely
In abstract questions which had been pre- |
sented for settlement by his own court.
HIS exposition of the general principles
or the Constitution was not bad from a
| 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 nomination from a national con-
vention, which had selected him to act as
President of the United States, in which
capacity he would have to execute Unit
ed States laws only, and would have alb
solutey nothing to do with the common
law. This allusion of Parker to the
common law, as a means of attacking
the trusts, has been source of surprise
and amazement to the profession all over
The country. Judge Parker's decisions in
New York State have always taken high
rank, and it was this which made the
amazement all the greater. We could
not understand how it could possibly be
that ally good lawyer could have made
such "A blunder. and we have been forced
to the conclusion that Judge Parker alb
solutely forgot that he was writing on
national topic. his is only an in
stance going to show the unwisdom Of
taking a man off the bench for political
position. especially such a position as
that of President OF the United States.
Experience Necessary.
"To administer the affairs Of the gov
eminent successfully, experience is just
as necessary as it is to run hotel or a
railroad A lawyer in active practice is
necessarily thrown in to a large extent
with the ordinary business affairs of the
country, but with a judge on the bench
it is entirely different. He deals with
matters of abstract right and wrong,
and all his training goes to remove him
from business problems. In point OF
, fact, the successful judge in a court OF
last resort should be as far removed
from the Influences of daily life as posi-
! bic. The ideal judge is a legal machine
settling abstract principles of law, where
as the ideal President is exactly the oppo
site He executes the laws as he find:
them, suggests new ones to meet new
r conditions, and acts as the personal rep
, resentative of the people who make thu
laws. 1t is not his business to interpret
but to do. and the things which make
man good judge make him a bad Presi
= dent. and vice versa. Parker would new
q err have made that awful blunder if h
S had had any recent experience in Con
q gress or in an executive position a
d Washington, where he would have bee
Z in touch with current opinion on TIM
n subject don't wonder that Roose
a welt picked him up on this and, in m
$ opinion, the Presidents paragraph abou
Il the common law as applied to the fedora
l. control of trusts is a most luminous eS
J, position of the powers and the limitation
o of the federal government. But it's Gel
l tainly a knockout blow for Parker"
;. The Tariff Issue.
J. II was glad to see," said successfr
n, looking man, who explained later on tina
J. he was a manufacturer in northern We
" mont, 81 was glad to see that the Pres
st dent made such a point of the tarl
| issue. We had a dose Of Democratic fire
A trade theories up our way about tie
10 wears ago. which we will never forge
n We are so near the Canadian bordt
g that we get the worst of every reductio
e. in the tariff rates. We have to entt
10 into competition with the cheap labt
1t OF Canada. When the Wilson tariff bl
at went into operation, just ten years az
e. it shut up my factory inside OF s.
II months, and l tell you. gentlemen,
as didn't open again until after McKlnlt
is was elected and the Dingley tariff la
Of | went into operation. 1t was time
st panic. as you know, thousands of labo
,c ing men were glad to work for al
or wages, and yet, at the same time, cou
l not run my factory and compete with II
H. Canadians, who flooded our part of Il
.r country with goods made by the cheape
I'D labor. such as l could not secure eve
is in those times of starvation. There a
IS some places far in the interior whe
~, freight rates protect them from forei.
90 competition in times of free trade, b
m those of us who are near the border
the first to feel this competition. l
it in the neck ten years ago, ana got
- good and hard. If there weren't al
y, other issue between the two parties.
w would vote for Roosevelt, because he al
W. the Republicans generally stand for t
-, protection of American manufactur
~. against the competition of the cheap
10 Dor. not only of Canada, but OF t
80 world at large. We all believe in re-
II. procity which is reciprocal. and not
IA free trade under the guise of reciproci'
u Roosevelts story of the disastrous etet
~, of the Wilson tariff of 1894 is not ov'
-, drawn in the slightest particular, and
~. am glad to see that he has kept t
-: tariff issue to the front, because in
~ This talk of imperialism and extrav
M eance and the trusts. and one thing
- another, people seem to forget that t
VI Republican party is pledged to prot
ns ton. and that the Democratic party
III - froa tra1a We haven't I,