The Birmingham age-herald., 1906-07-07
HARMON ADDRESSES
 BAR ASSOCIATION
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 choose the judges as well as other public officials, and naturally come to regard them all alike as subject to orders.
 "I trust that the era of bosses has passed away. But even so, I hope the time will come when judges will be elected without the intervention of parties because cases must frequently come be- fore them from which it is impossible to eliminate political considerations, and the effect of these while it may not be en- tirely escaped must certainly be less when the judges are not nominated as party candidates. Then, with terms long enough to enable the people to form a just opinion of the men who administer jus tice In their name. we shall have Judiciary as independent as 1t can be made. But it must always weaken conf dence in our judiciary to have judges talk ing part In political assemblies or dis cusson in public assemblies upon which the parties are or may soon be in con f1ict.
 Look Beyond Present Impulse.
 "These are times when every one, es- pecially lawyers should look beyond the impulse of the moment lest we pay, and pay needlessly, too high price for the
 
 praiseworthy though they be.
 "On every hand men have made haste to be rich and have not been innocent. It Is written that they shall not be in nocent Corporate officers have forgotten that they are trustees for the stock holders; and both have forgotten that corporations with public franchises are trustees for the people. Or if they have not forgotten they have not cared. Fraud and graft have burrowed deep in pri- vate enterprises. Executive and legisla- tive officers have been convicted and sentenced for infamous official crimes.
 ''The people are aroused by reason of numerous frauds and impositions practiced on them, and by the insolent parade and misuse of wealth by persons who utterly lack the character and training necessary to qualify them to be entrusted with the control of wealth.
 Under such conditions the temptation to seek and sanction irregular justice IS strong and the immediate result is apt to hide the more remote and lasting con sequences.
 Ability to foresee these and act in view of them is what distinguishes nations which are capable of self government. from those which are not
 Not Fault of the Courts.
 Tt surely has not been the fault of the courts that public or private wrongs have been committed, nor that these have not been discovered and punished. Yet, one cannot help observing disposi- ton in some quarters to discredt the courts or at least to regard them as rath- CT an obstruction to the free play of the forces of reform. When citizens are to be affected, no matter who they are, nor what they are charged with, the courts are intended to be an obstruction against both legislative and executive zeal. The usefulness of the judiciary would vanish if it were not such an obstructive force at all times, and under all circumstances. No doubt there are some changes which might well be made in the admins tration of our commercial laws. Perhaps the presumption of innocence has been sometimes pushed too far, especially In cases of persons known to be addicted to crime. But no offence is too great or threatening to be punished by the ordi- nary procedure of our courts. And no good Is desirable enough to be obtained at the sacrifice of the safeguards which the judiciary maintains around the individual rights and liberties of all the people what ever their station. means or conditions Patience Is one of the great moral and religious qualities 1t is also the cardi. nal requirement. of free people They must often endure delay and submit to what seems at the time to be needless precautions Yet this is simply part of the price they have agreed to pay and must pay for their general security Every time our patience gives way. we weaken the defenses we may soon need, and if not ourselves our children. and we have no excuse for yielding to the temptation of haste which sweeps aside all checks and limitations to reach it's end, because | in all our history patience has never failed to bring its reward in due season, nor haste to exact it's penalties"