Waterbury evening Democrat., 1906-05-22
POWER
Judge Speer of Georgia Speaks
 at Yale University.
ELABORATES THE UNWRITTEN LAW
Cites Notable Instances Where Ex- ecutfve Had to Take Initiative as When Lincoln Said, "I Would
 Save the Uni0n.'

NEW HAVEN, Conn, May 22.- Judge Speer of Georgia, lecturer on the Storrs foundation at the Yale Law school, concluded his course with an address upon The Unwritten Law of the Constitution dealing with that phase of the subject which may be termed ''the initiative of the presi- dent" An apt illustration of the exer else of the prerogative had reference to the response of President Roosevelt in giving aid to stricken San Francisco at the very moment the appalling extent of the disaster became known.
 Judge Speer said that the presidents order to General Funston to take in stant charge of affairs, to declare mar tial law and to relieve the distressed was not dictated by written law. but was the assumption of a power which could not be looked upon as other than for the highest interest of the country. The response of congress to the appeal of the president and its appropriation of $2,OOO,0OO out of the public treasury were ir themselves acts confirming ab- solutely the right of presidential initia- tive. And yet" said Judge Speer, the strict constructionist of the constitu- tion would look in vain for any word or syllable which expressly justifes this or similar action on the part of the president"
 Washington had done nothing but ex- ecute the laws which he was directed by the constitution to do. Mir. Jeffer- son. however, in his Louisiana pur- chase did void act as he had no ex- pressly granted power to do what he did Yet this act was to give to our country power. prestige and magnifl- cence of what perhaps Washington never dreamed.
 A disciple of Mir. Jefferson was Presi- dent James Monroe. His exercise of the presidential initiative was quite as marked as that of his teacher and fa- nous predecessor. The remarkable message containing expression of the Monroe doctrine was mentioned as an
 
 dent was but expressive of the spirit of the people, said Judge Speer. The decisive action of Andrew Jackson in the days of theory and practice of nullification saved America from seri- ous and continued danger of foreign aggression and the horror of disunion and civil war at home.
 His act was approved by such SUD- porter of the constitution as Joseph Story and such defender as Daniel Webster. The most widely known ex- ercise of the presidential initiative was the emancipation proclamation of Pres ident Lincoln. The reason for 1t was given by NIT. Lincoln in reply to Horace Greeley in the words: "As to the policy seem to be pursuing. as you say. have not meant to leave any one in doubt. I would save the Un- ion" After describing the issuance of that proclamation Judge Speer told of its effects upon the people north and south. adding:
 There does not remain a trace of regret or resentment for such eman- cipation in the hearts of the people whom love and among whom in my far southern home it is my happiness to live.
 "One other illustration and I am done On antipodean soil and water less than year ago Russia and Japan were in the deadliest grapple of fu- rious and murderous warfare. On one side were arrayed the huge men of that fierce Slavonic race from whose regions of ice and snow in centuries past many devastating armies have gone forth to prey on fairer lands.
 confronting them were the forces of the island kingdom, the little men of Nippon. To the amazement of the world in not single conflict have they been defeated. The world stands aghast. Then intervens the great heart, the mighty influence. of the president of our country. The belligerent hear his benignant offer. An armistice is declared.
 ''The plenipotentiaries meet in a New England town. At one time 1t seems as if all efforts are in vain. The pres Ident perseveres. From his own quiet home he is in constant touch with the of Japan and Russia. the emperor and the czar. The na- tons of the world. with expectancy beyond compare. regard the unwonted scene. And finally the triumph of humanity comes. and peace 10 bleed ing. starving and agonized millions.
 ''The measure of his reward is the comforting assurance of the Master. Blessed are the peacemakers. for they shall be called the children of Cod And as it upheld him and gave him all confidence and trust. in that reward his country shall share"
 PIttsburE Gtrf Was asauetea.
 PITTsBURG. May 22. Ethel Bug