Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-13
WHACKS ROOSEVELT
Ex-Gov. Black of New York
DenounceS 7. RS Policies
AT BANQUET OF LAWYERS
Held by State Bar Association at
Concord, N. H.
WARNS AGAINST "EXHORTER"
Remarkable Shift of Position Of the
Man Who Nominated the P-esi-
dent in 1904.

CONCORD, y. H., December l3.-Ex-
Gov. Frank S. Black OF New York, who
nominated Theodore Roosevelt for Presi-
dent in the Chicago convention of 1904.
denounced Mr.. Roosevelt's policies in
speech before the State Bar Association
yesterday afternoon. Almost his first
sentence, referring to the man who
comes on a gallop," gave his hearers. a
large audience of lawyers from every
section of the state, the key Of his ad-
dress, and there was a subdued chuckle
audible in various sections of the big
courtroom in which the exercises were
held.
The eX-governors address was as bril-
iantly epigrammatc as was his 1904
speech that put Roosevelt in nomination.
The man now exhorting the crowd
| from the head of the barrel" was a
phrase that caught Mr.. Blacks hearers.
| The laughter and enthusiasm broke be-
yond restraint when the speaker in
quired:
| What is the need for a public official
| to begin each day with a bulletin to the
public that he still continues honest?'
| At the close of his address Mr. Black
! received long and hearty applause. Judge
| David Cross of Manchester, ninety years
| of age. the nestor of the New Hampshire
| bar made his way to the front, grasped
both of Mr.. Blacks hands, and shook
| them vigorously. Then he made a brief
speech in which he highly complimented
| Mr. Black $ courage in making such an
address. chara cteriZed il as a magnificent
| effort. and said that he agreed fully with
| its sentiments. He moved a rising vote
| of thanks to the speaker. This vote was
| put and declared by the presiding Of
| fcer. Vice President Edwin +. Jones, car
| ried unanimously.
Ex-Gov. Blacks Speech.
Mr.. Black said, in part:
IF a question is discussed to advan-
tage it must be done by those who have
heard of it before. There are few sub
| jects about which opinions, unaccompa-
MED by study, carry much weight. The
administration of public affairs seems to
be an exception. \ man may enter that
field and If he comes on a gallop his
opinions may be highly regarded.
Undertaking these views, now so gen.
orally regarded as reactionary, have
sought this quiet and thoughtful body of
New Hampshire lawyers to inquire their
opinion upon certain fundamental doc
trines of the law and the relation which
those doctrines hold to the perpetuity of
this government in its present form.
Can the Constitution be construed ex-
cept by the courts or amended except by
the states?
Can the functions of either branch of
our government be assumed by any other
branch without danger to the government
itself?
IF neither branch can assume the func-
ton of another. can it safely administer
and construe its own under the guidance
of a mob?
IF the laws are violated by those
chosen and sworn to administer, can the
result fail to be an increasing disregard
for all law in the general public mind?"
Arousing Mob Is Playing With Fire.
whoever arouses the mob or the mob
spirit plays With fire. He may not him.
self be burned, but others will. 1t Is
seldom that an incendiary is himself
burned or loses anything in the flames.
but the incendiary is in class far higher
than the demagogue One DESTROYS only
property and occasionally human life.
while the other undermines society itself.
arrays class against class. arouses stimu-
lates and cheers the grosser ma ssions.
which in fun swing may bring the gov
eminent itself to Its knees. The one sets
fres that he may gather booty, the other
arouses popular distrust that he may re-
tam or acquire power. No case has ever
arisen in the world where a so-caIled re-
form was proposed which would injure
the man who proposed it.
we seem now to have subjugated, or, |
at least. to have set aside our old-time
rules of law aud reason and Justice, and |
TO nave summoned to our seats of power |
the baser attributes more easily aroused |
but harder to subdue |
The policeman never had so little au-
thority in crowd as he has today. Your |
courts of law. the most complete devel !
opment of civilized society. shield to |
the lowly. check to the proud, are |
viewed with gradually diminishing respect |
and fear by those who without the courts
would be menace to the state.
Means Revolution.
Tine people when they try can raze
everything to the ground. They may un-
make or remake their Constitution. They
may, if they like. abolish their courts and
legislatures and take the reins of govern
ment directly in their own hands.
This means revolution. but are there
no presidents for revolution?
rs there any prophet abroad in these
days who can say how far the people
would go in their present temper?
Would the majority vote to limit pri-
vate fortunes?
would they vote to redjstribute pri-
yatc estates which were large enough to
tempt their cupidity?
Would they curtail the power of the
courts?
YOU can answer these questions as
you can also ansyer whether the sug
SeSted changes would be wise.
But are not these changes in line with
the direct tendencies of the latest policies
that the Constitution seems less regarded
as n guide and shield, and more in the
nature of hindranee?
Am l wrong whtsn l say that the con-
duct and teachings tof the most powerful
influence in the country are expressive of
impa,ience and contempt for this ancient
safeguard"
Sherman Law a Criminal Statute.
The Sherman law, eX-Gov. Black de-
ola 10 ,.-.i,,, vol ctof ,,to T..
v.ded that persons committing the acts
| therein enumerated shall be deemed
| guilty of a misdemeanor and on convic-
ton thereof shall be punished by fine or
} Imprisonment, or both, in the discretion
Sof the court"
| 1t was tho uniform experience of man
! kind. he said. that the most effective check
to violators of the law was Imprisonment
! II the hurpos' was sincere to enforce the
! law and to punish those who break II,
| why has the ouly effective and OBVIOUS
means provided never ben employed? He
asked:
VIII successful dishonesty which treats
with such disdsn the imposition of "A fine
be equally Indifferent when headed for the
Jail? Every impulse Of human nature de-
mics it. No one knows this better than
those now rending the air with threats
against the so-caled criminal rich Yet
tl.f..