Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-02

courtesy to his brethren of the bench and
to members of the bar, and an earnest
purpose, under all circumstances, to do
justice. From reading his published opin-
IONS aggregating more than six hundred
and nifty. and from hearing him discuss, in
conference, the many and difficult ques-
lions that have come before the Supreme
Court IL Is evident to me that his mind and
of doing injustice in difference to rigid,
technical rules of law. He seems always
to have struggled TO harmonic those rules
with the principles of right and Justice.
be condemned In a judicial officer, however
great may be the necessity, in some cases,
to administer the strict law; for as Web
ster said In his eulogy on Story justice
is the greatest interest of man on earth
the iigament which holds civilized beings
and civilized nations together.
Courts and Lawyers.
ST am asked. Mr.. Chairman, so say some
thing about the courts and the lawyers.
Nothing. take 1t. can be said about courts
and lawyers that Is not already known to
every observing person. We all take pride
in the American judicial system. 1t is the
balance mainstay of our civilization AS
here organized 1t is unique among the insti-
tutions established for the safety of the
people and for the security of personal
rights and individual freedom. 1t is unique
because in this land the judgments OF
our courts cannot. as in some countries
be reviewed or annulled by other depart
ments Of government. 1t has become set
tied maxim of government with us that lib
erty is not permanently secure against the
eXactions and assaults Of arbitrary power,
except under a written constitution as the
supreme law OF the land. and unless the ju-
dicial department. organized under such a
constitution. be separated from other de-
partments and endowed with authority to
enforce the supreme law against all who
disregard IL. With us the legislative de-
partment Is not paramount, except within
the limits OF the authority granted to It.
The great doctrine OF the separate indie
pendent existence of judicial authority as
distinguished from legislative and executive
authority, Is essentially American in ORR
gin: for while the thought was suggested
by an European publicist shortly prior to
the revolution. ii was not distinctly formu-
lated and embodied In any governmental
document until that was done in this coun-
try in 1889 Such being the relation which
the courts bear TO our institutions and peo-
pie. IL is of the last Importance that they
continue to enjoy. as happily as they now.
generally speaking, do enjoy, the conf
dence and respect OF the people. If the time
ever comes I'm our history when the public
at large loses faith in the integrity and
courage of our judiciary, or when the ju-
dietary becomes dependent on other depart
ments OF government. or Indifferent to the
enforcement of the law upon all alike, or
stands in awe OF Illegal and selfish combi
nations or influences of whatever kind, then
the process OF decay will begin. and the end
Will be the incoming of arbitrary power and
lawlessness. and consequently the destruc-
ton Of our liberties Freedom cannot long
exist where the courts are either corrupt or
habltualiy fail to maintain the law The
father OF his country never expressed a
wiser thought than when, In a letter to
Chief Justice jay, he said that the Judicial
department is the keystone OF our political
fabric. We may well recall the words of
Chief Justice Marshall when, after q long
experience In judicial lhe he said: I have
always thought. from my earliest youth till
now. that the greatest scourge an angry
heaven ever inflicted upon an ungratefuI
and SHINING people was ignorant, cor
rupt and dependent judiciary"
A Noble Profession.
And now, Mr.. Chairman. 1t only remains
for to say few words about the law
yers. I confess that 1 have always had a
warm side for the lawyers. They are of the
salt Of the earth They have not yet lost
their SAVIOR. and 1 trust they never will
Your profession, gentlemen OF the bar. Is a
most noble one. None Is more so. unless we
except that Of the ministry OF the Gospel.
But the opportunities which even that ex
allied profession have for good In its wide
sphere of action are not greater than those
which the bar enjoys in Its particular
sphere of action Gladstone said that the
members OF the English bar were snsepar-
able from English national life and from
the security OF English institutions. we
may. with absolute TRUTH say the same
thing In respect of the relations that Amer
lean lawyers hold to our national life and