Weekly journal-miner., 1908-12-16

may le hn executive, lcRlSlaluT'' WI a judge Every executive head who advise. violent instead of gradual, uttiou or who advocates illrunsidcr"d ard weeping measures of reform tc-' porialiy if they are tainted with vln ! Ilctivrness. and disregard for the | rights of the minority is partlrui'flN | hlameworthv The several legislatures are responsible for the fact that our | laws are often prepared with sloNen'N | haste and lack of consideration. More over, they are often prepared, and .til more frequently amended during | passage. nt the suggestion ot the very | parties against whom they are alter ward. enforced Our great clusters of corporations. rugc trusts and tahul nu.ly wealthy multmillionaires. rm ! p'pv the very best lawyers they can | obtain to pick flaws in these statutes | after their passages but they also em plov class of secret agents who seek under thc advice of experts. to render ! hostile legislation innocuous bv mak ! ing it unconstitutional. often through ! the insertion of what appear on their ! face to the drastic and sweeping pro | visions against the interests ot inc | parties inspiring them; while inc
 demng0gucs. the corrupt creatures wh" introduce backmailing schemes Co
 "s,rike' corporations. and all who
 demand extreme and undesirably radi
 cal. measures. show themselves to be , the worst enemies of the very public
 whose loud mouthcd champions they profess to be. \ very striking illus tration of the consequences of care.
 lessness in the preparation of a statute
 was the employers liability law of
 1906. In the cases arising under tdat
 law, four out of six courts of first in
 stance held it unconstitutional: six
 out of nine justices of the Supreme
 Court held that its subject matter was
 within the province of congressional
 action: and four of the nine justices
 held it vulid It was. however, ad.
 judged unconstitutional by bare
 majority of the court five to four.
 It was surely very slovcnly piece ot
 work to frame thc legislation in such shape as io leave the question open
 at all.
 Real damage has necn done by the manifold and conflicting intcrprcta tions of the interstate commerce law.
 Control over the great corporations , doing interstate business cnn be cf fecti,c only if it is vested with full | power in an administrative depart ment a branch of the Federal eNecut i've. carrying ont Federal law; ii ' can never hc effective If divided , responsibility K left in both tho , States and the Nation; il can never { be effective if left in the hands of tho | courts to bc decided nv lawsuits.
 , The courts hold place of peculiar | and deserved sanctty under our form p of government Respect for the law , K essential to inc pcrmancncc of oui z institutions; and respect for the law , is largely conditioned upon respect f for the courts. II is an orense against r the Republic say anything which ear !, weaken this respect save for the gray C est reason and in the most careful,
 guarded manner. Our judges shoul' - bc held in peculiar honor: and th, | duty of respectful and truthful com 7 ment and criticism. which should h, !. binding when we speak of anybody c should be especially binding when w L. speak of them. On an average they arc f above any other servants of tnc com < munity. and the greatest judges hay, | reached the high level held by those r few greatest patriots whom the whole c country delights to honor. But VI $ must face the fact that there ar' l. wise and unwise judges. just as ther' . are wise and unwise executives an' C legislators. When q president or '- governor behaves improperly or m ' twisely. the remedy is easy, for hi !. term is short; the same is true witl r the legislator, although not to th' n same degree, for he is one of man, |, who belong to some given legslativ, - body. and it is therefore less easy [, i fig his personal responsibility m, y hold him accountable therefor. Witt f a judge. wno. being human, is uls' s likely to err, hut whose tenure is fo Q life there is no similar way of hold { ing him to responsibility. Unde n ordinary conditions the only forms O | pressure to which he is in any wa, y amenable are, public opinion, and tn, ,. action of his fellow judges. It is tn, '. last which Is most immediately effect
 i've, and to which we should look fo z the reform of abuses. Any rcmed, n applied from without is fraugnt witl f risk. II is far better. from ever, n standpoint, that the remedy shoul' - come from within. In no other natioI
  c vast and far reaching power as in thu Q United States. An that is necessar, l. Is that the courts as whole shoul, f exercise this power with the far I sighted wisdom already shown h, - those judges who sean the future whhl' l. they act in the present. Let then r exercise this great power not onl, l. honestly and bnvely, but with wis' | insight into the needs and fixed pur !. poses of the people, so that they ma, C do justice, and work equity, so ths r they may protect all persons in thei c rights, and yet break down the bar I riers of privilege, which Is the fo r of right.
 n rorests
 n If there is any duty which nor s than another we owe 1t to our children 6 and our children's children to perform F at once, 1t is to save the forests O :, this country, for they constitute th '- first and most important element il Ia nf ha ra