Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1904-09-08
AS TO "UNCONsTITUTIO

high irreparable.
AS TO "UNCONsTITUTIONA
AS some Of our readers know num-
Der of New York lawyers. of democratic
antecedents have organized what is call
ed the Parker Constitutional club" to
oppose Roosevelt and assist Parker, in
the national canvass. TO that end they
indulge in much loose talk about the
alleged unconstitutonality of some of the
executive acts of President Roosevelt
That some of the best lawyers in the
State of New York and elsewhere do not
agree with them on the points i'll ques-
ton Is known. One OF these is Henry W.
Taft of New York lie is son of tho
late Judge Alphonso Taft born in Towns
bend. VT, who was the attorney general
of the United States under President
Grant. Mr.. Taft is also a brother of the
present secretary of war. By birth and
training he was destined for the profess
sion of law and he stands high as a
sound and able lawyer. Asked in regard
to his opinion as to the value of the pro-
club. Mr. TAFT has given out Il state
ment which is not bad reading for lay
men as well as lawyers. He said
As lawyers use the term. nothing is I'M
constitutional except that which the Su-
promc Court has the power to declare in
violation of the constitution. But it
mas always been a favorito custom of
democrats in political campaigns to de-
clare unconstitutional every discretionary
legislative or executive act Of the oppos-
ing party which was repugnant to their
political view Of the meaning Of the con-
, stitution. Instances of this could be
multiplied. but it is sufficient to mention
legislation in relation to the protective
tariff and to the Philippines. which demo-
Gratis continue to denounce as unconsttu-
tional in spite of repeated decisions of
the Supreme Court to the contrary.
| These gentlemen are simply old line
democrats INDUCING the vain hope that
the party may suddenly be brought back
! TO it's ancient traditions without going
through period of progressive sanctifi-
cation. to wash away it's political sins of
the last eight years. In their misleading
slogan of 'unconstitutonality" they find
Il comforting anodYne to deaden their
sensbility while they undergo the criti-
cal operation of voting for a party which
for eight years has stood for financial
lunacy and the abolition of the Supreme
Court Of the United States.
The statement published by the club is
full of explosive expressions such as
'massing enormous power in his own
hands. gigantic and ever increasing
power, etc. and after n column Of vtu-
peration unsupported by a single fact.
and even impugning the motives of the
President. here Is their ridiculous anti
climax; "All this We believe to be so. but
we have not investigated: but when We
investigate ho
fectly just to him, and will not accuse
him of what he ought not to be accused
Of. and give him credit for things he de
serves credit for
l look with interest for the result of
their investigation. They will find tina
tho President acted upon the most care
ful advice of the ahlest lawyers in the
land. and jim accordance with executive
ana judicial precedcnts of unquestioned
authority. I have carefully considered
the constitutional and legal aspect of the
several acts of the President which are
criticised and | can assert that they are
not in any legal or fair sense unconstitut-
| ticnal They may not be in accordance
with the tendencies or government theo-
ries of the Democratic party; they were
not intended to he, but they are general
/ ~ the acts of an effective executive who
does things.
Numerous precedcnts for executive acts
| like those now criticised will be found
| IN the administration Of Mr. Cleveland
| While ] am on the subject of prcce-
dents, | cannot refrain from mentioning
! the very striking contrast between tn,
effect of executive "oncroac hment" of a
democratic administration in the Venc
zuolar business and of a republican ad.
! mlnistration in the Panama matter N
more extraordinary act on the part of IN
executive can be found in the history OF
this country than the Venezuelan mes
sage of Mr.. Cleveland. It was no less Pre-
cpitate than the recognition of the gov
eminent Of Panama. 1t brought the coun
try to the verge of war and plunged il
into financial confusion, from the effect.
| OF which it did not recover for "A Ions
! time. In the case Of Panama. however
the act of the President made the con
StructiOn of the canal certain defeated
a high scheme Of blackmail and added
materially to the prospects of the per
mancnt commercial prosperity of this
country; and in these results it met Will
universal approbatio n throughout tn,
country. And Mr.. Rooscvelts "encroach
ments" have generally been attonde,
with similar results.
When the Constitutional club shall hay,
given the public bill of particulars /
: VIII be time to discuss the merits of tn
points which they make, 1t is perhap
fair that the public should DO admonish
ed that while they are entitled to a hear
ing as partisan democrats there is moth
ing in their pretensOn that they are en-
titled to be listened to as impartial OK
Founders Of the constitution.