Every evening, Wilmington daily commercial., 1906-04-23
ATTACKING TnE JUDICIARY
New York Evening FOst

New York Evening fost
Is not the President somewhat abusing
the immemorial privilege OF a defeated
itigant 10 go down to the tavern ana
curse the court 2' A private explosion
Of pettishness is one thing; but ior
the President to unbosom himself as
he did yesterday in a formal message
to Congress betrays a growing and uh-
happy irritabilty on his part, along
with a disregard Of the prophecies. IL
is true that the decision of Judge Hum
phrey brought Mr. Roosevelt S pet plan
of controlling the Trusts, by means Of
the Bureau of Corporations, tumbling
about his ears in a heap of illegality;
but that furnishes no excuse for his eX-
travagant language about % gross mis-
carriage of Justice" and his assertion
that the decision OF the court had made
a farce" of an act Of Congress, II
the administration S whole scheme OF
prosecuting the packers was blunderingy
conceived. as the court held, the thing
to do is to learn wisdom OF the sorrow
lul experience and 60 about the Job IN
the right way next time.
The President S hard words about
Judge Humphrey will break no bones,
but they do break precedent and off
cial decency. Such railing by the ENecu-
tive at a coordinate and Independent
branch of the government is not only
unbeooming, but mischievous. 1t tends
to destroy that confidence in the lu-
dietary which is the essence OF our
law-abiding spirit and our civic stability.
Who is this Judge whom Mr. Roosevelt
berates A man OF So, 20 years a
lawyer, for four years a United States
district attorney, and since 1901 a Federal
district judge. The presumptions are
that he knows the law al least as well
as the layman in the White House who
undertakes 20 set him right His opinion,
moreover, which has inspired such celestial
rage. not only was based on precedent and
authority, but pointed out precisely the
blunders the administration had made
in the prosecution, and showed how It
might have proceeded successfully under
other statutes. It is unpleasant of course,
for the President to see his cherished
handiwork knocked into a ruin, but his
fitting at the courts is very ill-considered
way OF revealing his pique.
With Mr. Roosevelt it has long since
passed a point of asking Suppose
Bryan had done such a thing l Still,
people have not wholly forgotten the
campaign of 1896. and the use that was
then made of Mr. Bryan language de-
rogatory to the judiciary. Preserve the
courts from meddling by the executive, -
was then the Republican cry. So in
1898 the independence and immunity OF
an upright Judge was the frequent theme
Of Mr. Roosevelt s campaign speeches;
and it was the issue on Judge DAILY which
Croker stupidly raised that did more
than any other one thing TO elect Roose-
welt governor of New y ork Hence II
is a complete and unwelcome change 10
find him assuming the angry and hector
ing attitude of yesterday message II
can hardly believe that the ruling OF
Judge Humphrey will be followed by
other judges Why did the President
say that Was it to give his valuable
opinion on a point OF law ? Or is there
threat lurking in the words One
has mere ly to recall the fact that Federal
judges are dependent upon the Presi-
dent for promotion, in case of vacan-
cies occurring to see how broad is the
hint given them that they had better
agree with the President If they wish
TO ind favor. We do not assert that
such was the intended meaning of Mr.
Roosevelt S language but it is at least
a possible inference 1t would certainly
have been drawn from a similar loose
utterance by Mr.. Bryan.
This question of the proper attitude
towards the courts enters deeply into
the pending railway-rate legislation. II
Is not merely a dispute whether the pro.
vision for judicial review should be
broad or restricted Behind all that lies
the ill-concealed feeling Of some that a
judge, though he has given his days
and nights to the study OF Jurisprudence
is removed by his position from politi-
cal ambitions, and is called upon con-
stantly to give his deliberate and con-
soientlous opinion about the interpreta-
tion and application of the law. Is ma
more likely to be right than the man in
the street; They are but nine, said
Senator Bailey, referring to the SUI
promo Count .Mn arn nlnnLu = -nn.u.-..