Cañon City record., 1904-09-29


I binnder as 10 have declared that the com
mon law would be found sufficient to deal
with all the trust questions which come
up. Parker must have known, but he
probably forgot. that, from the very ma
ture OF things, yon can't apply the COM
mon law in national court Our federal
courts derive all their power from the
Constitution of the United States. Con-
gress can only lesislate under the Consti-
tuition. and, while we apply general prin-
cipies in interpreting the law, II Is i'm
possible Tn secure any affirmative action
in the United States court. except as the
result OF a statute law duly passed by
Congress and approved by the President
of the United States. A man like Olney,
who has been Interested in public af-
fairs at Washington. would never have
made the blunder Parker made. He
seemed to have written his speech of ac-
ceptance as IL he were dealing entirely
in abstract questions which had been pre-
sented for settlement by his own court
His exposition OF the general principles
OF the Constitution was not bad from
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 a nomination from a national con-
veDtion. 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, aud would have alb
solutely nothing to do with the common
law This aluSion of Parker TO the
common law. means of attacking
the trusts, has been n source of surprise
aud amazement to the profession all over
the country. Judge Parker's decisions in
New York State have always taken high
rank. and II was this which made the
not understand how il could possibly be
that any good lawyer could have made
such a blunder. and we have been forced
to the conclusion that Judge Parker abb
soiutely forgot that be was writing on
national topic. Ihis Is only an in
stance going to show the unwisdom OF
taking a man on the bench for political
position. especially such position
that of Presiden; CT the United States
Experience Necessary.
ITO administer the affairs OF the gov
ernment successfully, experience is just
as necessary as 1t is 20 run botel or
railroad. A lawyer in active practice is
necessarily thrown in TO a large extent
with the ordinary business affairs Of the
country. but with judge on the bench
II is entirely different He deals with
n-,tters .of abstract right and wroag.
and all his training goes to remove him
from business problems. In point of
fact, the successful judge In q court OF
last resort should he as far removed
from the Influences Of daily life as posi-
bic. The ideal judge Is n legal machine.
settling abstract principles of law. where
ss the ideal President is exactly the oppo-
site. lie executes the laws as he finds
them. suggests new ones to meet new
conditions, and acts as the personal rep
rereutativc of the people who make the
laws. IL Is not his business to interpret
but to do. and the things which make
man a good judge make him bad Pre-i-
dent. and vice versa. Parker would new
or have made that awsnl blunder II he
had had any recent experience In Con
gre~s or In an executive position at
Washington. whore he would have been
In touch with current opinion on this
subject. don't wonder that Roose-
welt picked him up on this, and. in my
opiaion. the Presidents paragraph about
the common law as applied to the federal
control OF trusts Is n most luminous ex-
position OF the powers aud the limitations
OF the federal government. But it's GER
taiily a knockout blow for Parker"
The Tariff Issue.
81 wa. glad to sce." said successful
looking man. who explained later on that
he was manufacturer In northern Yer
mont. II was glad to see thar the Prcsi-
dent made such point of the tariff
issue. We had n dose OF Democratic free
trade theories up our way about ten
years ago, which we will never forget.
We are 80 near the Canadian border
that we get the worst OF every reduction
la the tariff RITES. We hare TO enter
Into competition with the cheap labor
OF Canada. When the Wilson tariff hill
went into operation. just ten years ago.
u shut up my factory inside of SIX
months. and l tell you. gentlemen, l
didn't open again until after Mckinley
was elected and the Dingley tariff law
went into operation. Ii was a time of
panic. as you know. thousands of labor
ing men were glad to work for any
wages. and yet. 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 as | could not secure even
In those times of starvation. There are
some places far In the Inferior where
freight rates protect them from foreign
competition In times OF free trads. but
those OF us who arc near the border are
the first to feel this competition. I got
il In the neck ten years ago. and got II
good and hard. II there weren't any
other issue between the two parties.
would vote for Roosevelt because he and
the Republicans generally stand for the
protection OF American manufactures
against the competition OF the cheap la
bor, not only OF Canada, hut OF the
world Mt large. We all believe in rcci-
procity which is reciprocal. and not In
free trade under the guise of reciprocity.
Roosevelt's story OF the disastrous effects
OF tho Wilson tariff OF 1894 IL not over
drawn In the slightest particular. and
am glad to see that he has kept the
Ill ie ali