Perth Amboy evening news., 1907-01-21
HON0RED pVGE
CHANCELLOR
New Jersey Bar GAVE COmpli.
mentary Dinner ID Vice
Chancellor PiiAey.

NEW YORK, Jan. 81: In his re-
sponse to the toast, "The Importance
of the Judiciary in OurNSystem OF
Government" delivered laA night al
the dinner of the bench md bar oi
New Jersey to Vice Chancelbr Henry
G. Pitney, of New Jersey, in Npnor ol
his eightieth birthday, ex-Judge AL
ton b. Parker rebuked Presdent
Roosevelt and those members of con
gress who have objected to the recent
decisions of Judge Evans and Judge
Mccall, in the federal courts of Louis
vile and Washington, declaring un-
constitutional the employers liabil-
ity act. The dinner was served in the
Waldorf, and ex-Judge Parker's
speech was heartily applauded by the
500 lawyers present
There has been marked tenden-
cy of late, said ex-Judge Parker. ION
the part of some legislatures and
some executives to protest against de-
cisions that did not help toward an
expansion of the powers conferred by
constitutions. Two judges recently
held, as one of them is said to have
expressed it, that an act of congress
fixing the hours of labor on railroads
is not Interstate commerce. The re-
suit has been a severe personal criti-
cism of those judges, said by the press
to have emanated from members of
congress and administrative officials.
Their decisions are treated as an un-
warranted interference with the law
making power. To emphasize it, the
public are invited to contrast them
Intellectually with certain great de-
baters of congress who voted for the
bill.
Now those judges had to decide
the cases before them. After listen
ing to and considering the arguments
addressed to them, it was their duty to
render such decision as they deem
ed to be required by the constitution.
And, of course, they did. They may
have erred. All men err. If they did
err, however, the people have provid-
ed tribunals for the correction oi
their errors. Either in the circuit
court Of appeals or in the supreme
court of the United States, their err
ror, if there were one, will be cor.
rected. And corrected in the consti-
tutional method, in an orderly and re-
spectful way.
What, then, is the purpose of un-
kind criticism of judges who happen
to take a different view of some prop
ositions of law than do members OF
the executive and legislative depart
ments of government? 1t is to arouse
a public. sentiment, which ii is hoped
will lead the courts to forget their
duty under the constitution and to ex-
pand legislative and exective powers,
or both?"
The legislative and executive init
NATION is that more could be done
for the people if it were not for the
courts" said Judge Parker. Leg
islative and executive sins of COM
mission and omission are thus sought
to be shifted to the shoulders of the
judiciary.
But from whence come the mo-
nopolies? Monopolies abhorrent to
the common law for centuries back =?
Some received their life and encour-
agement from statutes, but the great
majority have grown and spread SIM
ply because the executive officers of
state and nation have failed to make
even an attempt to check them
Chancellor William J. Magic pre-
sided at the dinner and introduced
Vice Chancellor Pitney as the guest of
honor in short speech, in which he
regretted that he must announce Mr..
Pitney's resignation as vice chancel-
lor. The resignation will take effect
not later than April of this year.
Chancellor Pitney was loudly
cheered when he arose to respond,
and at the conclusion of his speech
the diners sang For He's a Jolly
Good Fellow" Among those who
were seated at the speakers table
were John W. Griggs, ex-governor OF
New Jersey; ex-Judge Parker, ex-At-
torney General Hampton L. Carson,
of Pennsylvania; Vice Chancellor
Frederick w. Stevens, Judge j.
Franklin Fort, and all the members
of the chancery and supreme courts
of New Jersey, among them Mr.. Pit
ney's son, Justice Mahlon Pitney.
Two other sons, John o. H. Pitney
and Henry G. Pitney, Jr., both law
yers, were present.