New-York tribune., 1907-12-13
ON CONSTITUTION
Former Gouernor Criticises Presl-
dent ROOSCUcH.

Concord. n. H., Dec. 12-Ex-Govcrnor Frank D
Black, of New York, was the principal speaker
the annual meeting of the New hampshire Bar
Association, held in the Supreme Court room, in
this city, this afternoon. Nice-Presidcnt EDWIN
t. Jones' of Manchester, was in the chair MI.
Black in the of his address criticised Presi
dent Roosevelt sharply. He said. in part
To my mind the american people are now row IN n, that
Men gathered in large numbers ana unasf 81 So a.
enc ernnne i6en1 would approve An imaginary
grievance is worse than one that Is real, pecauSe
when the Imagination once gets in play it has no
basis of fact to stop it, and its limits set not
by but by exhaustion mob means means. onis my
a concourse of human beings acting Without tie
restraints of law Such concourse may q; ac1,rer9 m
Its province is to level and destroy; 1t cannot sateY
rule If reason does not guide then anarchy taxes @
mob or the mob spirit plays with fire
We seem now to have subjugated or at least G1 10
and justice and 10 have summoned TO our seats OF OF
power the baser attributes more easily aroused but
The policeman never had so little authority in a
most compIete DEVELOPMENT Of civilized society.
shield to the lowly, n check to the proud are
by those who without the courts would be a menace
the state And this spirit is often foseTed ana
encouraged by those who are chosen ana S"oTH u
The inquiry seems now to be, when legislation is
proposed will such enactment be %ithin & the hdinr dGm
stiton or can the courts De 10 bqsd fn1sa 9 that aN
may be constitutional and yet work the rankest
hardshps With the justice or fairness OF r isw a',~
whether the Congress or the Legislature mad power
The demand is for statutes h that s:tIen go iqsT as i;
far the organic law permits bt e how FAR can
Il must Isl he remembered that the people all
powerful They can do whatever they decide to 90 90,
They are now checked by their Constitution, DuI
make it. There are at least two methods Of dong
thisone BY ut and the HthfF in 9y the land
will be that the Constitution shall not no" DC
Tha people when they try can everything to
the ground They may unmake or remake r,, thet thir
eoafts anG egsiaturs take TIE reIns Of gov
ernment directly in their own hands TINS means
revolution; but are there no precedents for re'o-
luton? -,,.. o,uo.s 3, ,,osa dsxs who
can say how far the leople would go IN their pres
would the majority vote to limit private fort
Would they vote to redistribute private estates :
which large enough 10 emPt their GqPld''y
body of now living and you 6 can al a6so IA
whether the suggested changes Mould 6e ,ba m direct
tendencies OF the latest policies and agitation Am
I wrong when / say that the Constitution seems
iess regarded as a guide and shield. and more IN
the nature OF a hndrance?
eanhnss Am o} fhe most Powerfg the
country arc expressive of impatence and contempt
~ Where is the end, and what will it be? in
time of such success and plenty as has seen
its example in all the ages Of the world the spirit
dense he does know unrest to be the seed of
revolution?
But what Is the reason. or. IL there IS no reason
what is the excuse. Tor the wild and mndigested
proposals now futtering from so many lines? .
We have read that the President or the Unlted
States Is in favor of a law making employers liable
for injuries to their employes no matter how the
injury results. That proposal arouses greater Woh-
der than respect. It could serve only to open =
new field To the indoent and vicious. IL woui1
mean that any servant might submit To such INJURY
as he chose tts extent and character ueing always
within his control. and the employer. Without
fault knowledge. should make compensation u
his faithless cmDoye- -
We have read with astonishment and dsmay the
criticisms from the same high source 2I me COL
had proved recreant to their high duties! Ha1
they failed to perform the vital funct2ns ts ,nes
Tbav have heUed to the line with that integrity
and learning which have characterized the Arnerl-
why is this camor so persistent for the enact,
meut of new laws and the Oestowal OF more power!
Have the old laws proved ineffective? One single
illustration is enough.
Mr. Black then discussed the Sherman antitrust
law and favored imprisonment for Its violation
He added
viii successful dishonesty which treats with
such disdain the imposition Of a hne. be equally
indifferent when headed for the Jail? Every inn
pulse of human nature denies it No one knows
This better than those now rending the AIR with
threats against the so-called criminal rich Yet
by the all-powerful machinery OF the government
to imprson single rich offender; The latest
utterance of the government upon this subject is
that it would not pay to try.
The speaker said, in closing:
have every faith that the people at the are
sound and right and. gentlemen OF the New Hamp,
shire bar, let me utter this word OF warning as I
close Trust without limit the peoples intelligence
and honor, though not forgetting their proneness
to be excited and msled. but Keep your eye fixed
on him who In all ages has been their seduCer and
their enemy, the exhorting the crowd from
the head of the barrel.