New-York tribune., 1904-09-13
JUDGE PARKER AND THE CoNMOy LAW

JUDGE PARKER AND THE COhHOA LAW.
President Roosevelt completely demolishes
his opponents trust remedy programme which
when first promulgated was hailed as the IN
spired utterance of the great Judge who, while
others were plunging about for spectacular
cures, had been drinking deep at the well OF
English law, pure and undefled. In his speech
of acceptance Judge Parker said:
The growth of monopoly, of which complaint
is justly made, cannot be laid at the doors OF
the courts OF this countrv The decisions of the
Supreme Court of the United states. the Court
of Appeals of this State and the courts OF last
resort in many other States warrant the asser-
ton that the common law developed affords
a complete legal remedy against monopolleS.
This discovery was evidence of n Daniel come
to judgment and we We're all bid to note the
difference between rough rider and judicial
minded statesman who knew the right way to
proceed in harmony with the good old tradi-
tons of law and order. But that eulogy is rude
~ interrupted by information that the learned
Judge did not know what he talking about.
AS President Roosevelt says i'll his letter:
There is no common law of the United States.
It's rules can be enforced only by the state
courts and officers No federal court or officer
could take any action whatever under them.
1t was this fact. coupled with the inability of
the States to control trusts and monopofies,
which led to the passage of the federal statutes
Interstate Commerce act; and II is only through
the exercise OF the powers conferred by these
acts and by the statutes of the last Congress
suPplementng them that the national govern
ment acquires any jurisdiction over the sub
ject.
That is perfectly true. We are credihly in
formed that Democratic lawyer who noticed
Judge Parkers blunder called his attention 10
it, and the Judge admitted that he had been
wrong. At any rate, he now knows il. and
must realize that his methods of trust bust
ing are in need of revision.
OF course this is not a mistake which is dis
creditable 10 Judge Parker. IL was an error
which any man might have made whose
thought had been centred for years on New
York law, and who really knew nothing about
the larger subject which he was suddenly called
upon to illuminate with his wisdom. 1t would
not be discreditable TO the manager Of a horse
car line suddenly called 10 run a four track
railroad to think the block signals were IN
necessary, and that the engineers could see
each other and keep out OF each others way
The incident, however, does give some indica-
ton Of Judge Parkers equipment TO deal with
the great problems Of the federal government
He evidently has not studied them. His ideas of
federal law hazy. his programme is a mat
ter Of mere guesswork. and that in the line of
his own profession, where his deliverances are
received with a presumption of soundness even
by his opponents. II after weeks of thought in
the preparation Of speech he has such loose
notions about the possibilities of law in rela-
ton 10 one of the greatest problems of the
nation. how much real ability to deal with other
things outside of the narrow range OF his ex-
perience can be assumed for him?