The Montgomery advertiser., 1904-04-09
JUDGE soMERvILLE
Upon Mr. Bryan's New Idea of
 Selecting Ludres

To the Editor of The N I World:
 The Honorable William J. Bryan con tirLes industriollsly to draw the line be- tween the reorganzers and the dsor gan izers of the Democratic Party. While loy- ally cifnging to the old wrecked platform on which his own dead body has bolster orsiy reposed for the past eight years. he sttlt fearlessly evokes fresh spirits from the political deep.
 Whether he will bolt the pominatlon Of the approaching National Democratic Convention to be held at St. Louis if it fails to. indorse his views he remains, Wien questioned. as silent as a tomb stone.
 He nevertheless seems to think that he haS a right to dictate to the convention the precIse qualities of the candidate wi om they must select, and that all others must talk at his bidding. AC- cordlngly Mir. Bryan is reported as be- ing displeased that Judge Parker, now Chief Justice of the New York Court of Appeals, refuses to violate the ethics of his office by announcing his views as to ihe kind of Judges that will be selected in the eyest of Judge Parkers nomina- ton and election as President, espeical- ly whether he would appoint men who could be depended on not to favor the trUSts.' sa
 This seems to be a requirement that Judge Parker shall make promise now to pack the Supreme Court of the United States with Judges who have obligated themselves to be against the trusts in all cases that may come before them for future decision, and this before they have heard the arguments or duly de- liberated upon the law and facts inVolV- ed in the cases under consideration. It Is amazing to hear one who has taken a lawyers oath and who has been lectur- ing on moral issues announce such views before the American people. It sounds more like the voice of the Pop uhstic orator who appeared at the Anti VI tcf hAlA at ;,4 and loudly invoked "the precious weapon of the ballot by the sons of toil'' so as U make the Judges of our courts but az the chaff of the whirlwind."
 Has MT. Bryan ever read the counsel winch Jethro gave to Moses for appoint ing Judges in that day. that they should be men of courage and men of truth, fearing God and hating covetousness? ?'' Has he forgotten that our Supreme Court Judges when qualifying for their high off1ce. take an oath to support the Con- stitutioh and laws of the United States, and that the highest function of Jrdge Is to do Justice-a function itself the attributes of Deity2
 When a boy did he ever read In my thology of Rhadamanthus, one of Plutos Judges, who was famous for announcing fa advance and before hearing the evi- dence that he was for convicting all al- legged criminals brought before his tribu- nal for trial?
 Let him refresh his memory also as to the incident in the life of Sir Edward Coke. Chief Justice of the Kings Bench, in the time of James l., and the effort made by the tyrant King to compel that great judge to announce his views in ad- vance as to the Kings prerogative. The familiar story Is that the King in a fury Of bad temper summoned the Judges before him at Whitehall, and de- handed of them to answer: 'In a case where the King believes his prerogative O. interest concerned, and requires the .lunRn4 him nd torhf they not to stay proceedings till His Mai esty has consulted them?" All the Judges except Coke obsequlously re- sponded. Yes. yes." But Lord Coke him happens 1 shall do that which shall be ht for Judge to do."
 This answer has always been voted to be courageous and sublime. for, says Lord Campbell, Tit made the recreant Judges ashamed of their servility and even com manded the respect of the King him self" Hence the historian records of tlis fearless and honest Judge that "he flung the laurels of eighty years in the face of the first Stuart in defense of his people,"
 How does all this sound in the ears CT MT. Bryan who now demands of Judge Parker that he shall do a more discredi,- able act than that done by King James? What would MT. Bryan think If the Judge who tried his now famous will case mad announced before hearing the testimony or arguments of counsel that he was against all parties who might be shown to have written wills for thelr Clients by the terms of which they had procured as benehciaries large legacies fer themselves? His oratorical shots now iil ec at Judge Parker might then remind us or MT. Linccln's story of the near sighted old gentleman who thought he aimed at a squirrel in lofty tree, where a5 he only aimed at a fly on his own
 Let MT. Bryan feel assured that, while as "sivern," the silence of Judee par- ker is golden" The old Persian adage says They that know God are silent"
 Henderson M Sornerv!lle
 New York. April 9