The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-08-31

subordinated TO those OF an omnipotent
Executive, and the Judiciary Itself as q co.
ordinate branch Of the Government wouto
thus be destroyed Presidential theories ana
utterances leading to results 80 disastrous
must be viewed with grave misgivinE.
But Mr.. Rooseveltis position Is not tenaDle.
A. declared by Chief Justice Jay. no executive
officer may sit as a court OF errors 10 review
a judicial decision. The final right OF revision
is In the courts alone. there 20 abide until the
sovereign people, In the plenitude or their
wisdom. bestOw II elsewhere by exercise Oh
the prerogative Of constitutional amendment
Casuistry cannot interpret the Constitution
as granting the privilege to the Chief Magis-
trate 10 criticize officially the courts and their
rulings. Aud since May ~, 1907. and the
memorable judgment In Kansas Va. Colorado
then delivered. he can hardly claim u as an
Inherent power existing In him apart from
constitutional grant.
II a Judge makes an honest mistake. the
sole relief lies in a review by an appellate
court In those instances In which the Legis-
lature has seen NJ 20 grant the right or appeal.
II n Judge acts dishonesty and haRrsntly
thwarts the cause OF decent government.
he wilfully commits q high crime or mis-
demeanor, and the obvious remedy IL an
Impeachment by the House of Representa-
tives. Executive censure IL not a recognized
means Of redress for the errors Of Judges,
Inc courts are the last DutWATk 81 ciNttNh-
tioD. The pcrmanence Of our institutions
depends upon their efficiency: the efficiency
OF the courts depends upon the power OF the
Judges: the power OF the Judges depends
upon the respect OF the people FOR the law.
Respect for the law involves due respect for
the Judge and for his Independence. even II
he makes an erroneous decision. The higher
the Official. the greater his obligation to set
the example OF proper Difference TO the con-
af mi al fribuaals Tho " pcutlvp who fails
in this obligation challenges to
irrepressible conflict the bar of his country.
irrespective Of latitude, OF longitude. or OF
political faith.
To safeguard n principle lying AZ the very
root OF civic freedom il the duty OF all ctti-
zens. but doubly the duty Of the bar. 10 every
age the guardians OF the liberties Of the people.
Those liberties receive little heed In time OF
calm. The stately diction Of the Constitution
itself seems cold and formal. But when the
storm Of popular fury breaks. the wisdom OF
the fathers In demons rated. Then by virtue
OF the constitutions checks which they pro-
vided the victims OF public luminosity and
excitement escs ne the hue Ind cry fthe popu-
lace. Marshall liberates Burr because there
Is not adequate proof of his treason required
by the Constitution; or the Supreme Court dis
charges Milligan upon writ OF habeas corpus
because there In no constitutional authority
for his trial sbd sentence TO death by a mill
tary commission or Chase proclatms the con-
stitutional indestructibility Of the sovereign
States OF an indestructible Union-and i'm
mediately the Constitution CLOVIS with feeling
now its exalted phrases evoke the love as
well as the loyalty OF every true American
heart.
A year ago the association ignored a griev-
ous and unprecedented wrong to the Ju-
dietary. But conditions are not ameliorated.
The President has even formulated In a
Il. 49, N..,- q
the right to ~criticise Judges. In these cir
cumstances TO continue our silence and thus
tacitly sanction the Presidents course we're
TO be unworthy the vocation wherewith we
are called. Our association was organized
to promote the administration OF Justice.
10 uphold the honor Of the profession. The
issue here presented is not personal or parti-
san but constitutional. rising in portent above
considerations Of person. OF party, OF har-
mony. or OF expediency. Living lawyers
Of America have not forgotten the proud
traditions OF the bar. We are sssuredly not
oblivious to the memory Of its patriotic
leaders who in storm and stress were the
first fearless protestants against the agrees
sions OF a royal Executive. We cannot rec
without foreboding conduct in high places
which lessons respect for the Constitution
Of our fathers. nor can we deem a peril too
remote that may threaten the judicial sys-
TEN est abiished by them. The contest OF
the ages" said Webster. has been to rescue
liberty from the grasp Of executive power
Brethren, you and 1 know the widespread
disadection Of the bar-its sense Of a deep
hurt unresented. II. then. there il any
meaning in the declared purposes OF our
organization. II there is still inspiration in
the lofty ideals Of our predecessors. II the
Constitution OF the land OF the Free is not a
dead letter. but a vital truth. let us be faithful
to our allegiance and proclaim to America
the protest OF American lawyers against
the Presidents wanton invasion OF the sacred
independence OF the Judiciary.