New-York tribune., 1906-12-13

states themselves had been alive their duty
less for the advocates Of states rights inveigh
ega1nst the supremacy OF the eonsutuuonal laws
tonal authority in the fields Of necessary control
snee Of tbe states % ra for
ment among the people OF the United states Is 700
right to exercise power which he fails exercise.
The governmental control which they deem just
control could better be exercised in particular in
pop w III fe @ fey Of tine Seed er
the h states or from the national Nn sn1
or later constructions Of the constitution win be
round to vest the power where IT Will De exercised
to preserve state authority is to be found in the
awakened conscience of the states their broadened
general public in effective legislation by the states
country and in the visorous exercise for the gen
to be preserved
JUSTICE BROWNS SPEECH.
Justice Brown introduced by the president
as one of the wisest turists and most ulustrious
lawyers OF his state. His method of speech was
as different from that used by Secretary Root
as the guests considered his treatment Of the
general thought underlying the two subjects.
He was fiery, and impetuous. plunging into his
subject at once with emphasis, whereas Secretary
Roots delivery slower and more judicial
than ever, because of a bad cold which ham,
pered his utterance somewhat. Justice Brown
said:
The power of the government. its ultimate power
TO defend property. corporate well as Individual
guard the lives the liberty and the fights Of the
Re9Rs R9Reer9 and bfs to promote their weare Is in the
II cannot be elsewhere IF the judges OF the coun-
the people the other branches of government
dare not be transgressed: and the perpetqity OF
Unnamed popular passion or by encroachmens or
CORPORATIONS Officials
Exc Executives come and go. and Legislatures.
It's gnwrtten principles for the msntenance OF
mo9,th1piece is the Judge In committing 20 the
to enact written laws for them the people have
declared in their constitution their representa-
forbidden. Unmindful Of the restrictions placed
have no Sd e9saaTsa svs e ap
proved what the people have forbidden. To the
the keenest sense Of the responsibility imposed
upon upon them the Judges Of our state have unfalter
executive to be void whenever it has been in con
BY Which bofh th other afq bano FGa e S
state government must abIAe there is no appeal
JUDICIARY THE LAST RESORT.
So. in the national legislation. when, under dele
Congress attempts to do. even with the approval
e 0f es o de- bsy wa S 3 she have not
save the country from the consequences OF egisIa-
dea 5ades4S 1t Ra bee
and must continue to be, the bulwark of our lib
critics If they are not to perish. Whether judges
are elective or appontive, their transcendent power
ought to be the uppermost thought In the minds
of the people when electing them, and IN that OF
the Executive when appointing them, and this ap-
plies to all Judges. OF inferior as well as OF the
highest court. Indeed OF importance to
every home and every family than the election OF
legislatures governors and even presidents is the
selection of the district Judge to whom, in the
Instance is committed the laws protection of life
liberty and property.
The shadow that falls the lustre OF Jefrer-
sons great name comes from his public criticism
OF the chief justice and his exhibition OF resent
rnent against him for having practically directed
Burrs acquittal. No shadow rests the name of
the great judge, and nothing in his Unparalleled
career throws more glory around IL than his fear
lessness in that famous trial.