New-York tribune., 1904-08-11
JUDGE PARKER'S SPEECH.
Continued from first pace.

as unconstitutional when it was difficult TO point
| out the provision said TO be offended against IN
| their enactment; all this has been done with
good purpose, no doubt but In disregard, new
| erthel"ss, Of the fact that ours Is government
from the consent of the governed" II we would
| nave our government continue during the ages
| TO come, for the benefit of those who shall sue
| ceed us. we must ever be on our guard against
/ the danger of usurpation of that authority
which resides in the whole people, whether the
usurpation be by officials representing one or
/ the three great departments of government, or
/ by a body of men acting without commission
| from the people.
| Impatience of the restraints OF law. as well no
| of its delays. is becoming more and more mani
| fest from day TO day. Within the last few years
many instances have been brought to our atten-
| tiOn where in different parts Of our beloved
country supposed criminals have been seized
fact that the constitution of each State guaran-
tees to every person within It's jurisdiction that
his life his liberty or his property shan not ne
| taken from him without due process of law.
In a struggle between employers ana en-
| poyes dynamite Is said 70 have been used by
the latter. resulting in the loss OF life ana the
| destruction of property. The perpetrators of
this offence against the laws of God and man
| and all others engaged in the conspiracy with
them should after due trial and conviction.
| have had meted out to them the most rigorous
punishment known TO the law. This crime. add
ed perhaps to others led to the formation of
committee of citizens that, with the support of
the military authority, deports from the state.
without trial. persons suspected OF belonging TO
the organization of which the perpetrators OF the
dynamite outrages Were supposed to be mem
hers. In both cases the reign of law gave way
to the reign of force. These illustrations pre-
sent some evidence of the failure of government
TO protect the citizen and his property, which
not only justified the action of your convention
in this regard but made 1t its duty to call at
tention to the fact that constitutional guarantees
are violated whenever any citizen is denied the
right to labor to acquire and to enjoy property,
or to reside where his interests or inclination
may determine; and the fuldlment OF the aSsur-
anCe TO rebuke and punish all denials of these
rights. whether brought about by individuals or
COVnTnment agencies. should enforced
every official and supported by every citizen.
The essence of good government lies In strict
forcement OF law and order and rugged oppost-
ton TO all encroachment upon the sovereignty
of the people,
GOVERNMENT BY LAW.
The foregoing suggestions but emphasize the
distinction which exists between our own and
many other forms Of government. II has been
we'll said, in substance, that there are but two
powers in government. one the power of the
sword sustained by the hand that wields 1t,
and the other the power Of the law, sustained
by enlightened public sentiment The differ
ence In these powers is the difference between
7 = blic-such as ours, based on law and q writ
constitution. supported by intelligence vir-
tue and patriotism-and a monarchy-sustained
by force exerted by an individual. uncontrolled
by laws other than those made or sanctioned by
him; one represents constitutionalism. the other
imperialism
The present tariff law is unjust in its opera
tion. excessive in many of its rates and so
framed in particular instances as 20 exact In
ordinate profits from the people. SO we'll under
stood has this view become that many promi-
nent members of the Republican party, and at
least two of it's State conventions. have dared to
voice the general sentiment on that subject
That party seems. however. 20 be collectively
able to harmonic only upon plank that admits
that revision may from time TO time be neceS-
sary. but 1t is phrased that 1t is expected to
be satisfactory to those in favor of an Increase
of duty. to those who favor a reduction Thereon
and TO those opposed TO any change whatever.
Judged by the record OF performance rather
han, hot pf ytro oYfo{S m
In the past, II would seem as II the outcome. IN
the event Of its success would be 10 gratfy the
latter class. With absolute control Of both the
| Legislative and executive departments or inc
! government since March H. 1897. there has been
! neither reduction nor an attempt AT reductoh IN
| tariff duties II is not unreasonable 10 assume
I'm the light of that record. that future Con-
gress OF that party will not undertake revision
Of the tariff downward IN the event that II shall
receive an Endorsement OF It's past course on that
| subject by the people. Il Is a fact ana shoud
/ be frankly conceded that though our party oe
[ successful IN the coming contest We cannot nope
10 secure 4 majority in the Senate during the
next four years, and hence We shall be uuab!e 70
/ secure any modification in the tarln save that
| 10 which the Republican majority IN the Sehate
| NAV consent. While therefore. We are unable
/ to give assurances of relief TO the people from
! such excessive duties as burden them. II Is due
! 10 them that we state position 10 be IN
! favor OF a reasonable reduction OF the tariui
| We believe that II Is demanded by the nest
! interests Of both manufactures and consumer
| and that a wise and benehcent revision OF me
| tariff can be accomplished as soon as hoth
! branches of Congress and an Executive IN ia'o.
OF II are elected. without creating that SENSE VI
/ uncertainty and instability that has on otheF
| occasions manifested itself THIS caH pe
/ achieved by providing that such a redSoIdpIs
period shall intervene. between the date oI 5 'I'S
! enactment Of the statute making a revision ana
/ the date Of it's enforcement as shall be deeIhei
| sufficient for the industry or business ahectel
by such revision to adjust user 70 tsis @ :
| and new conditions imposed. so conndehl am
| in the belief that the demand OF the people iof
a reform OF the tariff just that lhuuiee tle
| hope that should Democratic House OF NeP'
! sentatiyes and a Democratic Executive pe
! chosen by the people even Republican senate
| may heed the warning and consent TO give at
| lea ST some measure of relief TO the people.
THE GROWTH OF TRUSTS
The combinations. popularly called trusts
which aim 10 secure monopoly OF t'aus ~ @ tlIo
! ,scessories Of life as well in those thlhgS
! 49, o~e en,n,oved upon the farm, in the factory
snd fn MANY other fields of industry, have been
! encouraged and stimulated by excessive .i tatlli
duties. These operate to tuTnish n;ior 81
| market In the necessities OF eighty IlIHohS oi
| people by practically excluding coHlpetl'-pil-
| With so large a market and highly remuherattSe
prices continuing long after the me OF pGSstI, ~.
| competition would naturally be reached the
| temptation OF all engaged In the same business
| TO combine to prevent competition az hoiIle;
and a resulting reduction or prices mas proVet
Irresistible in a number OF cases. All men uuSt
| agree that the net result of enacting laws that
| foster such inequitable conditions Is most un,
| fortunate for the people a whole. and IT would
| seem as if all ought to agree that the e1ectlVe
| remedy would be TO appropriately modlIy the
| offending Law. The growth OF monopoly, OF
| which complaint is Justly made. cannot be laid
| at the doors of the courts of this country, me
| decisions of the Supreme Court of the United
| States the Court of Appeals of this State ana
| the courts of last resort In many other States
| warrant the assertion that the common law as
! developed affords a complete legal remedy
| against mOnopoes. The fact that theT nave
| multiplied in number and increased In power
has been due not to the failure of the courts to
| apply the law when properly moved by admin