The sun., 1907-08-29
LAWYERS ROOSEVELT CRITICS
PRESIDENT BARELY ESCAPES BAR
ASSOCIATIONS CENSURE.
Aye and No Vote Surprisingly Close on Reso-
Hution Condcmlitng His Criticism os
Judge HumphreysS Beef Case Decision
Judge Parker Comes Co the Rescue.

Judge humphreyss Beef Case Decision
Judge Parker Comes Co the Rescue.
PORTLAND. Me-. Aug. 2s.-The conclud-
ing session Of the American Bar Associa-
ton was made the liveliest Of the week
by the unlocked for presentation Of q reso-
luton condemning President Roosevelt's
criticism Of Judge Humphreys decision
IN the Chicago beef cases.
The resolution was presented by George
Whitlock OF Baltimore. the Maryland mem
ber Of the General Council. who had hitherto
taken a mild part in the Associations
deliberations.
He was promptly sidetraoked by a point
raised by John G. Richberg Of Chicago,
that the convention was in the midst OF
routine business and the resolution was
not In order.
Judge Alton B. Parker of New York,
president Of the association. sustained the
point, but when the tables had been cleared
Of business and the diplomats were toast
ing a scheme to shut him out by a final
adjournment the Baltimore member again
got the floor and had an opportunity to
speak In favor Of the resolution. Several
attempts to check him with motions to
table OF indefinitely postpone were un-
availing.
Albert W. Clark Of New York. newly
elected member Of the General Council.
raised the point Of order that IL was outside
the province Of the American Bar Assooia-
ton to criticise the President Of the United
States.
THE chair cannot sustain the point
Of order" said Judge Parker solemnly.
but hopes the gentleman from Maryland
will SEQ fit to withdraw his resolution"
But Mr.. Whitelock respectfully declined
to follow the suggestion. He made pep
perry speech. limited only by the Presidents
gavel. for the ten minute rule WAS in force.
He said that the Constitution clearly
divides governmental functions into the
Legislative, the executive and the judicial.
THE rule" said MIR Whitestock. -does
not exalt the judiciary above other de-
partments Of the Government and does
not preclude the President from placing
his own construction on a constitutional
proposition when he is called upon to act
in an executive sphere. but no con-
stitutional question was before the
court in the case decided in Chicago; merely
the Interpretation Of a statute arising in
the ordinary course OF a criminal prosecu-
ton, which President Roosevelt assumes
to interpret more correctly by unaided
e~ parte consideration than the presiding
judge after exhaustive argument. The
Presidents snimadversion upon the court
is believed to be without precedent in a
Presidential communication.
Right or wrong Judge Humphreys must
be praised for fearlessly declaring the law
as he saw it regardless of the olamor for
conviction. Unless a higher court should
rule differently the Interpretation OF
District Judge is quite as enectual and
final and is entitled to the same universal
respect as the construction of a statute
by the Supreme Court itself"
Immediately after the conclusion OF Mr..
Whitelock's speech several prominent
members moved to table the resolution.
"Some one has suggested said Joseph
p. David Of Chicago. that this association
has no right or business to criticise the
President Of the United States. hold that
we have such right when the President
violates the Federal Constitution
Mr.. David's speech was cut short by
Judge Parker ruling that the motion to
table the resolution was not debatable.
The motion was declared carried though
the volume Of mays" was nearly as strong
as the yeas"
No one called for show Of hands