The Montgomery advertiser., 1906-07-07

Aston. Ciaytons Hon. Jos. Il. Nathan. Shef- field; Hon. Vim. Fitts, Mobile; Hon. Thomas R. Rouihac. United states District Attorney; Hon. John London. Birmingham: Hon. L. E. Jeffrfes, Selma: and Hon. Judson Harmon, of Cincinnati. former Attorney General of the United States. and the annual orator of the association.
 ! Hon. Judson Harmon of cicinnati. gave the annual address tonight before q large and representative audience on independence of the Judiciary
 Mir. Harmon's Address.
 The subject of MT. Harmon's ad- dress was: Independence of the Ju- dietary" and he said in part:
 Tt has been claimed that the choice of judges by popular vote tends to impair their independence. but I do not think so. The electors have nefth- CT means, opportunity nor desire to interfere with the action of the judg- es they select. when displeased. and. barring some usually been just when not due tf mere political causes. When the elec- tors. however, act through political organizations in choosing judges there is some peril, especially when those organizations are allowed to fall under the control of a few men or a single man whose purposes gen. eraliy are, or soon become, selfish Of corrupt. These men really choose the judges as well as other public of ficiais and naturally come to regard them all alike as subject to orders.
 T trust that the era Of bosses has passed away But, even so, hope the siesv ts T sS@s Ths shs eTss 5 of parties. because cases must fre- quently come before them from which 1t is impossible to eliminate political considerations and the effect of these, while 1t may not be entirely escaped, must certainly be less when the judg- es are not nominated as party cam didates.
 .sThen, with terms long enough to enable the people to form a. just opinion of the men who administer justice in their name. we shall have a Judiciary as independent as 1t can be But 1t must always weaken confi- dence in our judiciary to have judg- es taking part in political assem- blies or discussing public questions upon which the parties are or may soon be in conflict.
 "These are times when every one, especially lawyers. should look be- yond the impulse of the moment lest we pay. and pay needlessly, too high a price for the qualification of pres- ent wishes. just and praiseworthy though they may be.
 On every hand men have made haste to be rich and have not been innocent It Is written that they shall not be innocent. Corporate officers have forgotten that they are trustees for the stockholders; and both have for gotten 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 private enterprises. Executive and legislative officers have been convicted and sentenced for tnfa- nous official crimes.
 American People Aroused.
 The people are aroused by reason of numerous frauds and impositions prac- ticed on them, and by the insolent pa- rade 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 tempta- ton to seek and sanction irregular jus tice Is strong and the immediate re- suit is apt to hide the more remote and lasting consequences.
 Ability to foresee these and act In view of them Is what distinguishes na- tions which are capable of self-gov- ernment from those which are not
 It surely has not been the fault Of the courts that public or private
 
 these have not been discovered and punished Yet, one cannot help ob serving a disposition in some quar-, ters 10 discredit the courts or at least to regard them as rather an obstruc- tion to the free play of the forces of reform. When citizens are to be affec- ted, 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 1t were not such an obstruc tive force at all times and under all circumstances.
 No doubt there are some changes which might well be made in the ad- minfstration of our criminal laws Per haps the presumption of innocence has been sometimes pushed too far, espe- cialIy in cases of persons known to be addicted to crime. But. no offense Is too great or threatening to be pun ished by the orderly procedure of our courts. And no good is desirable enough to be obtained at the sacri- flee of the safeguards which the ju- dietary maintains around the individ- ual rights and liberties of all the oeo- pie whatever their station. means or condition.
 Patience is one of the great moral and religious qualities: 1t is also the cardinal requirement of a 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 topay and must pay for their general security. Every time our pa- tIence gives way we weaken the de- lenses 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 its end. be-