New-York tribune., 1907-01-20
PARKER DEFENDS BENCH
OBJECTS TO CRITICISM.
Er-yadge Speaks at Dinner for
Vice Chancellor Pitney.

she number of over four hundred, gave a dinner
sor Vios-Chancellor Henry c. Pitney at the Wal
sorf-Astoria last night. The dinner commemOrated
shs approaching retirement from the bench of the
aged Vice-Chancellor, well his eightieth birth
day. On April VIII have served eighteen
Essrs the bench, and viii retire on that date
Probably a representative a gathering Of judges
81 New Jersey courts was present ever met at
any dinner IN this circ. Bvery Justice Of the New
Jersey Supreme Court present, the chancellors
and al the vioe-ohancellors, ana Judges OF many
snferior courts. Among the residents OF New York
were ex-Judge Alton y. Parker, ex-Judge John F.
.oiuon and John l. Cadwalader. Ex-Governor John
w. Griggs of New Jersey among the speakers.
Hampton i. Carson ex-Attorney General
OF Pennsylvania
Chancellor William ). Magic was toastmaster
and spoke 10 the toast 'Our Guest" The principal
speech, however. that Of ex-Judge Alton B.
Parker. who responded TO The Importance Of the
Judiciary in Our System Of Government EX-
Judge Parker said, in part
OF late there has been a marked tendency on the
part Of some legislatures and OF some eNecupNss
toward an expansion OF the powers conferred 10y
Sonsttutions or that enforced CONSTITUTIONS % 3,ds s
Ieoently held one Of them is sad to have eA-
81 labor on railroads IS Interstate commerce
rhe result has been d severe personal criticism ol
from members of Congress and administrative ON
oias. Their decisions are treated as an ImwaT- ,,a
No emphasize st. the public are invited to c9nuaeS
rhem intellectually with certain great deoalers OF
congress who voted for the hiu -, - ,,foo
them After listening to and considering The arsn,
lnents addressed 10 them. il was tnelr o9ay NY 70 20
gquired by the Constitution. And of course theg
idid err however the people have provided tr1bu-
pals for the correction OF their errors Sre,1a ne
Court Of the United States their error If there was
iOne will be corrected. And corrected IN no On
stitutional method. in an orderly ana respec'Iu
what then is the process OF unkind criticism Of
{udges who happen take different view oI
.XecntiTe and iesisIative dePartmenis OF the gov
ernment? Is Il to arouse public sentlneHII VIZ ~
nder the Constitution and to the people who made
owere sIe or bo,? Te iegisafiTe ana executive in
timaton here and there is. that more could 7t pc
burden Of egslatiye snd executive sins m OF Sta5 GSH
10 the shoulders of the judiciary The unfairness
OF this attempt is readily apparent -,,,o,
protest IS raised? From the courts? No; NOT in "a a
sRgsistogs and IN most instances approved By
chief executive. Whence came the monopohes
& ron 20 ,b te s,Isd tber life and encourage
Inent from statutes, but the great majority have
grown and spread simply because The executive
Of e sfs ssscR AND bsm nation failed to make an
at the judiciary for the wrongs Of which complaint
is made. That body has always stood as II
snOved. Its members can neither be persuaded nor
driven by any power into forgetfqlness Of their
states and of the United States, In the perform
have the outspoken and manly support Of the bar
FOR lawyers more keenly appreciate than any other
class OF men the impora ance to the people Of main
fenance in all its integrity of the supreme law Of
sions adopted by the people
Those constitutions have been changed by the
people, and be again when they will Il. But
heifher the executive. nor legislative nor judicial
sether that power And we should resist sny and
lake IL away from the people
Ex-Governor Griggs spoke TO THE Bar OF New
sersev'' He said, In part:
Public opnIon as A rule does not favor euloRies
OF lawyers until they either dead promoted
20 the bench II is painful fact that the bar as
body IS not popular There is occasionally a
ulace for getting murderer Of scot free or for
some contenI tuous conduct toward the court; hut.
Of anybody except successful clients think this
II is hard to account for this unfavorable senti-
nent; because II you separate the profession into
individual units you viii find that no other pro.
:ession furnishes so many men, men Of prominence and
Il 70 tbe nracfice Of taxing cases on a continsenf
basis ! think. howeyeT II IS because a lawyer is
Another reason and an Important one is found
are ne not ss sways 5y ney sorupuiogs 70 ind the Tes
sentiment Of the people toward the Individual law
suspicion vanishes and in its place comes 3 uni
rigbtness and impartiality. and a veneration sucn
rests upon the name and person OF our guest to-
might
IN conclusion Mr.. o3rigFs declared the guest ~
honor to be Of the best examples Of a great
lawyer and just judgs His learning was broad
end varied. his powers OF analysis keen his sense
OF Justice strong in the discharge OF his judicial
icuties.
Chancellor Magic read a letter from Governor
Edward c. Stokes in praise Of Mr. Pitney. At fits
conclusion Mr. Pitney and the lawyers
oheered the venerable iurist and Judge very heart
lsly. The vice-chancellor visiby affected his
lFoice breaking he endeavored express his
fthanks. The speech was somewhat pathetic as
he compared himself to a 'qazy farmers boy Of
sixty years and the recipient OF this high honor
fo-night"
sT don't deserve itf' he said
YES, you do!" shouted all the room
The responses seemed TO bring back the nerve
<Thich he was fast losing, end in a remarkably
strong voice he told Of his Ife's work. After re-
seETfng 10 his own caretr he said:
And here deem It not out of place to assert. on
9and, that when in the course Of judicial duty he
he Is entitled, as part OF one Of the three great
snd independent departments Of the governmental
sonal criticism from any other person, either as
IN tnois1oual or as member Of any other depart
fsnent OF the government
In speaking OF the bench Of New Jersey he de-
rieo. with considerable vehemence that the sys-
TEN OF practice is antIqusied-
II is simply a sander 20 say of our system oP
fTaetlee thar u Is antiquated and out of date and
not adapted TO the wants OF the hour. ] hope and
trust that no enthusiastic reformer deluded hon
ssty no doubt into the foolish notion that ke can
riuiiar thar are in their very nature cor'nar ana a
tnvolVed' viii ever lay his image breaking bands
Hampton s Carson, ex-Aftorney General Of Penn
gsylvania responded 10 the toast The Chancer, o.
lie feieitated the bench and bar Of New Jersey
'on having 50 distinguished judge as Mr.. Pitney
Mr. CARSON 8 definition of modern chanoery caught
The lawyers. They shouted with laughter
Modern chancery has become a legal antisept,c
'ike modern surgery 10 prevent. rather than 10
cure"
Other eDeakera mara We fat,.....,,.-