New-York tribune., 1908-12-09

.-eSsa-v instruments Of modern business. They
,-z-e beer permitted 20 become a menace largely
,scsuse the governmental representatives OF the
-so7Ie have worked slowly IN providing for
s5zr75gfe control over them
--ha chief offender IN any given case may be
s- executive legislature. or judge. Every
executive head who advises violent. instead Of
r-a5,lal. action or who advocates i'll considered
and sweeping measures OF reform tesPeClaiE II
- are tainted with vindictiveness and disre-
gard Tor the rights Of the minority Is parucu-
Isrlv blar1eWorthy- The several legislatures are
~ss7onsihle for the fact that our laws are often
,A-era-ed with sl0venly haste and lack of con-
sise~ztfon Moreover. they are often prepared
and stE1 more frequently amended during pas
sag 8 the suggestion Of the very parties
,,-7,o74 -l,.sz- are sffef-yKs~6 enforced our
r~eat clusters Of corporations huge trusts and
+sl-.-clssy wealthy multiuilloRaires employ
-hr very best lawyers they can obtain 10 pick
-fszs IN these statutes after their passage, bat
-hev also employ q class of secret agents who
sock under the advice Of experts. 10 render hos
tiie legislation innocn"us ny making II uncoIl-
stit-ti 'rla- often through the insertion OF what
e-pea- on their face 10 he drastic and sweeping
rr1ztsions sgainst the interests or the parties
frSvs-inE Them while the dPrnaCOgues. the cor
- e-aaf,r~eS who f---07-,~a matchmaking
schemes 70 strike corporations. and all who
5a--sr5 extreme and 1ru7es5rarIv radical meas
r-es show themselves L. be rbe worst enemies
~ the ve-y public whose loud moUthed cham
Mons they profess 70 be very striking illus
f-sro0 of the consequences Ct carelessness in
The --c-a~etioU ~ 4 statute was the employers
liability law of 1906 in the cases arising under
-h5s Jaw Tn-T out OF siN courts OF nrst instance
r7.d - UfcorlstlIutlfs1al- SIX out ot nine jus
-s-as of The supreme Court held that its sub
-z-t matter within the province Of Con-
c-ess-1-al action. and four OF the nine justices
he'd i valid. r was. however. adjudged un-
Institutional by bare ma iu-itv Of the court
&c 70 four. I; was surely e very sIovenlv piece
~ work TO frame the legislation in such shape
- 70 les-e the question orer al all
Real damage has been done by the manifold
commerce lau. Control over the great CORPORA
ra0-s doing interstate business can be effective
ori- Il Il IS vested with full power in an ad-
-I-lslratlve department q branch Of the federal
executive carrying out 2 federal law II can
never b effective T . divided responsibility is
Tefr Fl both the states and the nation. il can
courts - BE- decided by lawsuits.
The courts holc 2 place of peculiar and de-
served sanctlTT under our form Of government
Rss1s-t for rhe law Is essential 70 the pernla-
7e1ce OF cur institutions, and respect for the
law e largely conditioned upon respect for the
courts II Is an oHence against the Republic 70
say anything which can weaken this respect,
ssTe for the gravest reason and in the most
CsTefulty guarded manner our judges should
r. held IN peculiar honor, and the duty Of re-
sr5Ct1ul sC6 truthful comm eElr and criticism.
hich should he binding when We speak of
sry-bodv. should b especially binding when va
speak of them On average they stand above
s1v other servants Of the community. and the
greatest judges have reached the high level held .
7,--T 5srfeErz 70 ,-oTc- F57+ Ta must fsCa
-'-e fact that there are wise and unvise Judges.
Just IS there are wise and UnWise executives and
legislators When President or a Governor .
behaves Improperly or unWisely the remedy is .
easy for his term Is short. the same IS true
--i-l -he legislator. although not 70 the same +
some given legislative BODY. and Il Is therefore
less easy 70 tx his personal responsibility and
hold hin accountable therefor With g Judge, .
Vr1 oe-lE human IS S-So LkeIE 70 err, ouC .
vhose tenure is for life. there IS no similar way
= holding him 70 responsibility. Under ordi- .
-s-v conditions the only forms o. pressure 70
-t.--- ~ ! - ~ eEIe ~ -7-t,7,c
crl-l1r and the action Of his fellow Judges Il
ts --e -zs- which IS most immediately effective
s-C 70 which Te should look for the reform Of
abuses Any remedy applied from without Is
f-z-gEc with risk 7 Is far better from every .
within n no olher nation n the world do the
courts w--eld such vast ard fa-reaChing power
ss II he United States Al that Is necessary
: ICz- I1e courts as Whole should exercise
-hts power with the fa-siEhted wisdom already
shcE- b- those Judges who scan the future
While they act n the present Let them exercise
ms great power not only honestly and b-avelv
t-- with wise insight into the needs and fixed
purposes q the people, 50 that they may do
t-s---= and work eou5tr. 50 that they may pro
-s-- 81 persons IN their rights. and Yet break
6oT-- -he barriers n privilege. which IS the foe
Il -ae-e = any one duty which more than an
other v-e owe Il 70 ou- children and our chill
6r=n's children 70 perform az
Forests once. Il Is u save the forests OF
this country, for they constitute
ths first and most important element in the
conservation o. the natural resources Of the
-s-u-a- resources. Cra Is thA kind which can
url- r= -.sed as part OF q process Of exhaustion:
this IS true Of mines natural oil and gas wells
an he Ike The other-su5 Of course ultl-
Dsrely ~ FAR the most irnpo-tant-includes the
cs T-z= USE the soil the rivers and the forests
cone -uEe- this head Any really civilized na-
t-1u viii so use al OF these three great national
assets that cle nation VIII have their benefit IN
ne future Just farmer, after all his life
making his living from his farm VIII. Z ne -
a. expert farmer. leave L asset Of in
creased value 70 his son 50 We should leave our
national domain 10 0u- Children increased IN
s-Ee and not worn out There srH small sec
hons - our own country. in the East and in the
West. n the AGl-uu6sCks che White Mountains
and rrz Anna rari7iare. and in the Rocky Noun
rs-ls where We can already see for ourselves
TIE damage IN the shape Of permanent injury
. --= SOL and the river systems which comes
from reckless defoTesration- Il matters not
whether T7is def0resrati0E IS due TO the actual
reckless cutting OF timber 70 the fires that In
eT--s1lE follow such reckless cutting OF timber
CT 70 reckless and uncontrolled grazing es-
neClG-.y ny the greet migratory bands OF sIeep,
th= unchecked wandering Of which over the
country means destruction 70 forests and disaster
r. The small h1uemak1rs, the settlers of limited
means
Srr--zzhte= persons. ur persons blinded 70 the
----a h- desire 10 make m0ne~ in every way
--- Il -le present. sometimes speak IS II no
z~=s- damage w1IE be done hy The reckless
-=sl-a1l2n -or our forests Il : u-L-l-u-L -
have patience with the arguments Of these per .
sCrE Thanks -C our own reCllessness in the use
r ~-- Iel5fd forests We have already crossed
verge ~ q timber famine in tins country and
@. measures that row JaE- can at least
- many Years. undo the mischief that mas al ,
ready been done But we can prevent further
mischief being done. and II would be in the
CHEST degree. r=UrehenSibie 10 let any con-
.1e-z-5c- -r temporary convenience or tempo .
z-v cost interfere with such action, especially
Is regards The national forests when J-- iai-1A
an ECss ~ this very moment, conlT9i-
All serious students Of the question are aware
u The great damage that has been done IN the
a-eC -t5-ra-1ar Countries Of EluTUpfs Asa ana
Africa rr d-f1resratiou- The similar damage
--a- has been done In Eastern Asia Is less Wei
r--- recent tn-es-lgation into condltlOns
LE--z sir. Frank n Meyer OF iit+