Omaha daily bee., 1908-12-14
JUDGE ATTACKS PRESIDENT
Pointed Criticism Of Executives Att
tude Toward Judiciary By JuriEt.
address BIZ JUDGE MITCHELL
Atfo-ney General BoRsparte, In
sPeeeh On Antt-Trupt Law, says
Amerteans Are ~JudEe
Rnled- People

NEW YORK Dec. n-Indirect but
p-lnaed criticism Of Prezsent Roosevelts
aEitude toward the Judiciary was made
by Chief Justice Mitchell o. Pennsylvania
IN an address oniEh ar the banquet Of
'he Pennsylvania society Of New York
The cA8ef J1stbce did not mention the
executive by name but left no doubt
through his quotations n his aIlusions
20 various matters Of public knowledge
as 10 the object Of his criticism
The COURTS. the bar and the laws Of
EtatCF and nation were discussed from
various viewpoints by the speakers. who.
besides Justice Michel were Attorney
General B~onaparte. James N Beck snd
Hampton L Carson
MI Bonaparte speaks.
Replying TO the toast ID Bar Of the
Country and the Cause Of Federal jus
uce-" Attorney General Bonsparte. speak
ing at the banquet q the Pennsylvania
society Of New York tonight, ana1yzed the
so-caUed anti-1rust law and made suEEes-
tons for its betterment. After declaring
hal Americans are a Judge ruled" people
the attorney general reviewed the condi-
tons making necessary the antitrust laws.
lie tben said
TIE answer OF our congress has been
z ven An the "8nu-trust laws The origin
q these laws Is reflected IN their spirit
and purpose They voice no outours1 OF
wrath and envy from the have-nols
agatnEt the HAYES but smbody q plea Of
the haTe-nOts or the have-hrtleE that the
hsve-R-lots let them. too. become hsve-a-
lots IL hey can. Their aim Is not to make
H1y poorer. but 10 give all q nance 10
get rlch. not 70 destroy or divide anew
existing wealth, but 70 help everybody who
can be a creator OF wealth and himself
profit by its creation
TNuf- w-~Nfhf~Hu-u unA ~u-rF-snr r~a n~4
against the manufacturer or the trader 9
doing more business himself. but against
schemes In restraint Of trade. not schemes
IN furtherance q trade They condemn
mouupoliss. but the mere fact that one
nan or one corporation does al the b1s-
ness which Is done 6oes not create 3 mo-
nDPoly unless be OF a. shall shut out 9th
erE from that business. others who could
1~d would othervise engage In Il
The attorney general believed the auri-
trust laws might be improved By eutrust-
fny administrative officers with Duties
similar 10 those exercised by The SECRETARY
of war In matters Of obstr1cticn tc
navigAble waters Under proper safe
guards. these officers would b g1ver
power to act In matters Of obstruction &c
e. mmerce and could take steps TO prevent
combinations in restraint q trade OF tend
irg 70 create ~ruouopoBeE.
Judge C~rfticises PreGaaenH.
Chief Justice Mitchell oppressed regret
that an sfforf was making 70 weaker
The linss 81 distinction. % admirably De
fined In the federal constitution
For the cure Of evils Temporarily PROM
rent II is impsoenfly Advocated that tn.
combined powers Of the government b.
centralized IN the executive" be said
9Th only safety for al IL obedience 20 law
as il is written: not TO q strained an
H~--A
what II does not. and never was INTENDED
90 mean. but honestly and feEYIessly Il
carry out the rsRl neAning Of it, makers
The only just criticism Of q 1ndSes Law
must curne froSn a court which kDgys Ia,
law and has Jurisdiction 10 declare A.
Dissent from his views based on tndfv1dnh
opinion Of what the law ought 20 e
whether q COMES from an executive q
Aoodlum leads directly and ~ short step
70 anarchy. the assertion Of Ddfx5dnal VII
against the settled law. The very phrase
70 prominently pat forward Of Judges VI.
nave Jagged behind the tfmea.' and Judge
WIS hold 10 q twentieth century ecooOu5
philosophy Betray not only Ignorance. by
a aeplorAble ~ineAphcity 20 o0mprsbznd Ii
fundamental principles Of the ADer1cE,
government
II the law a. declared by the conSe1tu
lion tribunal is not what the people want
10 De. then le' n b changed but let
never be lost sight Of that the authorst
10 change 81 - Legislative. not 5udaciA.
Atm less IL 81 executive"
Nj. Beck quoted from what ne said wer
speeches Of Attorney General BonspsYTe 1
Chicago. IN which Mr.. BonApGrte was =,
ported a. saying The tendency towRr
combination sKists In every civilized cOur
Try and exactly in proportion 10 its civfliEE
tOn"
Mr.. BUnNparte interrupted with a prOtes
THAI he WaR misqD0ted-
A. M. Beck proceeded he again quote
the attorney general as having said en-
phatioally:
X legislation IN restraint Of oombinl
tgn is desirable"
Mr. B0nsDar1e then said he hsd son
time ago eutertaiDed similar ideas. but 4
had ssnee bern convinced. he said. ina
Vas a choice between such legislation al
revolutlon. and he believed that the Amer
can people woald choose wisely IN leglsll
uon 10 regulate the great combinations
commerce.
M. BecK ovnclDds5 the iDci3sDt BY sayfE
th1f the attorney general, having vclul
tErly taken ths stand. he would receive 4
customary Immunity bath"
A VtReF IN the St0RAeh