New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-30
HONOR JUDGE WALLACE
BENCH And BAR UNITE.
Retiring from Bench, He Warns
AGAINST "Confscation.

and federal ever assembled IN TINS cou''is u'N
honor at the Waldorf last night TO judge Wiiham
J wallace tho senior judge Of the federal courts
n this district who. after over q quarter Of
centur~ Of labor on the bench. has retired to prl-
waite life The dinner. attended by nearly I'VE
hundred members OF the judiciary and bar OF the
country was rendered To Judge Wallace by ''e
members Of the bar Of the State OF New ioiN'
Ex-Judee Alton 3. Parker presided
In his speech Judge Wallace. relieved Of all re-
straining influences which his place on the bei'cH
had placed upon him. launched forth into Nisor-
Gus criticism OF the to abolish the lie tenure
of federal Judges He followed this with an attack
upon the spirit Of reckessness which has led some
of the moves against corporate interests
Taking as a text the recent passage of the two
cent fare bill by the State legislature he pointed
out the danger of the passage of such legislation
without adequate Investigation. Such attacks upon
the financial and industrial interests of the country
We're a serious menace 10 the property rights of
small investors. He sounded a warning note
against the spirit of confscation.
After thanking the company for honoring. him
Judge Wallace said
When as an untried and unknown Judge I first
came 10 ms cry from my home in an interior city
century this city would become practically nv on
ca nom IA aanlinls erng the Jurisdiction Of the
vision Of my fancy could have inaginsd sIcb n
generous friendship OF the lawyers of This nneta
ny - nave N-'0e me 1or moment the central fig
II Is seriously proposed by large element in one
OF our PyTeai parties and the proposition is ad-
likely 10 be its candidate for the Presidency af me
OF the judges of the circuit ana district courts aud
70 aoToEte as well the methods Of their selection
and TO substitute elective judiciary I.+ = sb1r+
terrn-seven years. think--of office No blow more
lsIs s nan ms could he aimed at all that is
largely by the courage OF these Judges in
te5tinE the enforcement Of state es, ana IN pro-
they believe to conflict with the guarantees Of the
these courts altogether. - 0'0''N"
After pointing out some of the dangers which
the country was facing. Judge Wallace said:
Within week the legislature of this state has
TctSa a. rae b 6X Which The PASSENGER fare Of
10 Two cents q mile This bill passed without
COMMITTEES 10 ascertain what rate Of fare YOU'D be
reasonable remuneration 70 the different railways.
or what difference there was between them as to
the value Of their Investments their operating ex-
penses ana the other elements that enter into the
CalculatiOn Of a fair return.
One Senator objected that no regulation should be
but Il was answered tbat stlirtytlraa ti5o,,s9n5
commercial travellers urged the passage Of the b'
ana The state grange favored il"
Senator McCarren gave the most sensible reason
which was offered for supporting the bill He said
Sooner the railroads are wrec5ed the o1ictar we
Will come to our senses By legislation under the
grise Of police power, Of taxation. and Of other
have been imposed upon classes of individuals IN
equal 20 those imposed under like conditions upon
The majority in this country. more than in any
other country in the world are prosperous but too
many OF them envy the greater prosperity Of some
OF the minority, and through vndictiveness or
pirate It to themseives They forget. wien ~reaR
ing vengeance on the predatory abuses of power by
they are striking down the property rights OF null
titudes Of innocent investors IN every community
have been committed.
II is under color OF these reserved powers of the
state-lswful IN themselves and Indispensable to
the welbeing Of the people when restrained within
proper lnits-that the FIRST assaults upon the rights
and property interests Of the minority will be made
in those countries whose government rests upon
as at present constituted does there seem to be
attack which is being made upon the prosperity Of
The Republican party under its present leader
ship has entered INTO mad race with the leaders
az the Democratic party 10 capture the votes OF
and the fanatica Believers n sociastic theoTies
as,Iy me gre'er nuher OF me In9Tty are not
who find their most modest incomes vanishing.
would hold the Balance Of power in many states.
But Until such party Is formed and the people OF
this country generally are educated TO ssner
from these assaults is in the courts.
At the table with Judge Parker and the guest
OF the evening sat Judge z. Henry Iacombe. OF
the United States Circvit Court. the senior on
that bench since the retirement OF Judge Wallace,
who responded TO the toast. The Second Circuit;
Wayne MacVeagh, Of Chicago. who replied 70 The
Supreme Court Of the United States Judge Le
Baron p. Colt of Rhode Island. who had the toast
1.-THE Eastern Circuits; Judge Horace H. Lurton,
o. the Tennessee federal bench, whose theme was
The Western Circuits; Chief Judge Edgar NJ
Cullen OF the New York State Court OF Appeals.
who talked on The State Courts and Stewart l..
Woodford, who talked The Bar OF New York"
II his speech Judge Parker severe in his crti-
cisn Of the legislation with which the
courts have 10 deal. Prompted by demagoguery''
and conceived IN stupidity and born IN ignorance"
was the way he characterized some of Il. Yet, he
said. some OF the mischievous and harmful legsla-
ton was upheld by the courts because it was found
70 be within the power OF the legislative branch Of
the government. Judge Parker said in part:
We meet to do honor to a great Judge. to evidence
the affection cherish. well as the admiration
ali can hear and understand You have s been faih
full TO that most exalted Of all in which
f sa1 cause Of justice and we honor you
The bar. as well az Judge Wallace. is honored Iy
separate different and distinct Jurisdictions all
engaged In the high calling Of administering Justice
The perfect balance in which the scales of justice
f ase 9sen held 5 IN upon 81 ate
On the one hand he finds legislation prompted by
down BY the Judgment Of the court because II vio-
letes The Constitution and the charter Of the peo
statutes conceived IN stupidity and born in igno-
sid OF the court upheld because, nischievous and
hurtful though they be- they are found to be with
IN the power committed to the legislative branch OF
While maintaining in all their integrity the Con-
courts have been alert and progressive In devel-
oping the common law and equity that they have
WONDERFUL expansion and growth Of our country,
doubling as has in population every thirty years
After reviewing the history OF the second circuit
FOR twenty-five years and pointing out the evils Of
NE almost Czarlke power invested in the judge,
Judge Laeombe said:
The quick and cordial personal welcome I re-
eeiyed from Judge Wallace before the announce
n IL, OF my selection was twentyfou hours old;