The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-27
4 AW AND LAWYERS.

Judge Alton 3. Parkers address be-
one of the substantial contributions of
the year to the study of present-day
problems which involve the welfare of
the American people. Temperate in
tone, thoughtful and suggestive in con-
tents, it emphasizes the need of regard
for the law by the men entrusted with
its administration as a corrective of
the tendencies most marked in those
who would extend the scope of federal
power regardless of constitutional imi-
tations.
In his Introduction, the president
of the association draws a sharp line
between the members of his profess
sion who practice for the money there
is in it alone, and those who regard
their profession as a means of securing
justice not only for their clients, but
for society at large. The general pub
lie recognizes the distinction and has
watched with apprehension the will
ingness of able lawyers to prostitute
their profession in behalf of clients
whose last desire is justice. and who
consult lawyers merely to success
fully evade the penalties of justice.
The significant points of Judge Par
ker's speech refer to the flood of legis-
lation affecting corporations which fol-
lowed close upon the federal admins
tration's campaign against the rail-
roads in congress. He calls attention
to the fact that of about 1.2O0 bills
passed by both houses in the New
York legislature, asa, or more than
One-third. failed to become laws be-
cause Governor Hughes, himself a
lawyer, either vetoed them, procured
their withdrawal or permitted them to
die for lack Of his signature. The
same carelesSness in legislation and
profusion of new enactments charac-
terized most of the state legislatures
"a fact which Judge Parker attributes
in part to the wrath aroused by ex-
posures of corporate wrongdoing, and
in part TO the charge which was first
states were not doing their duty and
would have their powers absorbed by
the federal government if they con-
tinued in their neglect. A third fac
tor in the epidemic of hostile IegisIa-
ton affecting corporations, he thinks,
was the demagogue who sought to
profit politically by the opportunity
offered and who attacked indiscrim-
inately all corporations, whether they
deserved it or not.
In Judge Parker's opinion the rene
dies Of federal license or of govern
ment ownership and operation offer no
solution of the problem. Nor has he
any belief in the theory that the
powers of the federal government
can be extended to cover any
but the enumerated constitutional
grants expressed in the consti-
tuition. That is to say. in the
view Of this eminent lawyer, the presi-
dents academic talk about exercising
control Of commerce under the post
roads clause, or Beveridge's plea, that
the products of child labor can be
forbidden the use of interstate com
merce lines, have no standing in court.
In support of this view, Judge Par
ker submits what is in effect a brief
on the constitutional powers and lin
itations of the federal government, and
in it he upholds the contention of
those who regard Mr.. Roots theory of
implied powers and Senator Bever-
idge's notion of the rights of COM
merce as altogether opposed to all the
decisions of the supreme court.
The speaker refers to the recent
cases of the use of the injunction with
out any specific enumeration; but it is
evident he believes the injunction as
a remedy for defective or doubtful
laws has been abused. Whether he
had in mind Judge Pritehard's ruling
or not, his remarks might be applied,
and it is evident he does not believe
in hasty use of the injunction, par