Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-26
Former Candidate For Presi.
dency Addresses Bar Associa-
ton on Present Tendencies
POWER IN LAW, NOT IN MEN
DepIores Efforts to centralize Authori-
ty in Washington and Also Vicious
Legislation in Various states-Hope
Of Justice is in the Federal Courts
General News.

Portland. Me-, Aug. 26.-The thirtieth
annual meeting of the American Bar
Association opened here today. and
will continue in session thru Wednes-
day. A full complement Of delegates
are in attendance.
Judge Alton B. Parker once the
democratic nominee for president OF
the United States and now president
of the association, delivered his an
nual address at today's session. He
reviews at some length the duties OF
lawyers and the judiciary and their
relation to legislation, and concluded
with a mild criticism Of the tendencies
of the present time to assume too much
power in Washington over the states
and Of the states to enact radical leg
islation aimed at corporations, when
the fact, he said, the remedies lie with
the federal courts. Discussing these
questions he said:
1T is not my purpose to disYass
the merits of the various claims for an
increase of the federal power at the
expense Of the states. In the end
such of them as are favorably acted
upon by congress, will have to pass the
test of tconstitutionality before that
greatest Of all courts, the supreme
court of the United States, and such
statutes will stand or fall as they
show, or fail to show. fidelity to the
spirit and purpose of the constitution.
'The attempts, however, on the part
of the federal government to despoil
the states of the powers and functions
belonging to them, will not tend to
smoothness in the working of our dual
scheme of government Already it has
had its effect. The indignation of the
governing forces of many Of the states
is already aroused. It is shown In the
legislation of the year. 1t had not a
little to do, in my judgment, with the
recent conflict of judicial authority, in
North Carolina.
From many quarters for the past
two years have come the iteration and
of the necessity for the as
sumption of federal control, based in
the main on the feebleness or neglect
of the state governments. The tide OF
speech and writing, if not Of public
sentiment, has been so strong that only
here and there could be found a person
who would attempt to stand against it.
When he was found his motives were
So, when judge in the
performance of what he undoubtedly
conceived to be his duty restrained the
operation of the legislation of a SOW
ereign state, it seems to some, doubt
less, but the elimination of series Of
assaults by the federal government up
on state governments, and yet we
know that, by the fourteenth amend
upon the courts of the United States to
set aside state statutes, and state con-
stitutions as well, if they deprive any
person of life, liberty or property with
out due process Of law.
"It was the understanding, dare
say, of the great majority of the people
who voted for it, that the purpose OF
the amendment was to protect the ne
gro. But it was not SO limited in
terms, for, indeed, its language en-
braces every person. And while that
amendment remains pant of the con-
stitution, the federal courts have juris-
diction to pass upon the question
whether a given statute does or does
not violate the fourteenth amendment.
while this is so, it seems to me that
courts, both federal and state, should
always bear in mind that comfy which
has thus far enabled the dual juris-
dictions to work together so har1noni
ously for the public good. And, fur
ther that care should be taken that the
procedure shall evince that deliberation
that doth SO become a Judge at all
times, and especially when the object
of an action is to declare void the de-
liberate act of the legislative depart
ment of state government. I have in
mind an action in which application
was made for injunction, but. before
granting IT, counsel representing the
state. as well as those representing the
plaintiff, We're heard fully The judge
wrote his opinion and then granted an
Injunction upon conditions that would
safeguard to the last penny every
person interested. The right to grant
an injunction under such circumstances
cannot be denied, but the propriety Of
granting. con an ex parte application,
an injunction which refuses effect to a
statute can and should be ques-
toned
"a statute upon the face Of which
no imperfection appears. and which
will stand. unless it can be proved
that It will prevent the property af-
fected from earning reasonable re-
turn for the investment. is presump-
lively constitutional. Its operation,
therefore Is not matter to be sus-
pended for light reasons. Indeed. l have
no hesitation, in saying that in many
cases an appeal to the discretion of
Judge that injunction issue could well
be denied until after trial
1.-THE abuses lying at the foundation
of the earnest but sometimes reck-