Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-08-26
AMERICAN BAR
ASSOCIATION
CONvENES
Gathering 10 Discuss Legal
Problems Of Vast Importance
to Nation; Presidents Annual
Address.

RQulCSSt
10y Morning journal special Leased WirsI
SEATTLE. wash, Aug 90 When Ia
via NJ. Dickinson called the American
bar association together at tho new
Washington hotel today Ia It's thirty
seventh annual convention, the large
han d galleries were crowded with
guests made up uf distinguished jurtsts
and lawyers from every part of the
United States. their families. friends
and citizens OF Seattle.
United Stntea District Judge G. II.
Hanford welcomed the guests on be-
hair Of the STATE Mayer John j. NH
Der exteudrd the welcome nf the city
and Judge Frank & Dietrich. Of
Idaho, welcomed them ON behalf ol
thc lawyers Of tho Pacific coast
President Dickinson replied 20 the
addreas.a of welcome and then doliv-
cred his speech ON the Legislative Sit
nation SEA far as Il relates 20 the en-
actmcut of new laws ia the various
states of the union
President Dickinson. after "a few
Introductory remarks. entered upon
a discussion OF the legislative sltua-
ton. So FAR as II relates to the enact
ment Of new Jaws, IN the various
states la the union
lie said
The Vices OF legislation cnReRcd the
attention ana were the principal
hem Of many Of my predecessors.
The trouble H. Inherent iu tho nature
OF our institutions. Win the cOndi-
tons as they exist tho cyil Is incur
able. while youth. inoXpurieucc and
iguorauc" constitute Nc legal bar to
political pruferment while manhood
suffrage Is the source OF an govern
ment power. while SO many of those
most capable ot ruling prefer selfish
~ their personal pleasure and private
Interests To- the general welfare. Ao
long viii We suffer the maximum of
burdens that come from uuwisc and
uuskilled legislation The beat TINT
We can hope Ia accomplish Is 70 bring
@ as wp have boon doing with
uniform legislation in the several
states. our work VIII ga the m,iu.
be constructive. We can accomplish
practically nothing IL the way of
restraint.
From the Ienst governed people Ia
eminent stute and national the most
sions FOR almost every department 81
public affairs ARE masking cur gov
eminent. state unr national, the most
comprehensive system Of bureaucracy
ever known. Thr ,onplpN conditions
Of our times in each 81 their di,ersi-
Ned forms are given special treatment
n administration This h. q proIinc
A.... .F f-.G.f.fI-. -..N o.. H..
Migrant disregard of the best same
ton u most vcuerlted doctrines
The administration of justice
should be by the courts alone. II Is
aubversivc of every ideu OF Anglican
ciyl ligcrty for the judge to commit
himself iu amy way to an opinion UNI
an the CBu~, shall huye been present
ed according to law. This IL the dis
tinguishluE feature between the ace
cusatorial and the mquisitorial trial
in which the Judge inquiries, becomes
the prosecutor ana a. the same time
is Theoretically the protector OF tho
a%rraiEued.
Much roeeut legislation OF doubt
fuI conNtintiouality, congressional
and state, has been practically en-
forced hy provisions for mandatory
heavy and cumulative fines ana inn
prisonmcut. devised IN some cases OK
prossly for the purpose Of prevent
ing a resort go tho courts for relief
when the highest courts OF the land.
nut exceptionally but with q frcuuen-
.N that almost makes it normal dl-
Nid on constitutional questions. often
determining the result hy q bare ma
jpritv. F. lawyer Uul rarely. especially
when th, question b. new. advise ID
client Go putaur "a course. which. hy
tubJ,etiug him to the possibility ~
paying cumulative daily fines. and to
Imprisonment. may destroy him
Though strongly persuaded. 70 not one
fir,ly convinced that the acts IT con-
tested UIl hr unconstitutional be-
many counsel admission Go what hv
regards 1881 81 taking OF property With
Huf ius process of law and uu impu
iHiu vt au upprc- I've and cuuti-c1
Cor, Uuriru rather than incur the
lart Of financial ruuln Ma gov
gfuu.uf ,Hu With impuuity continue
ta 'N.I.-r -urh oppression u is
HHII-uu bs th, government ~
600 uuisi fhe forms OF law. n pur-
u.1 " would prevent 8u scure 81 Jus
#I.. $500 f..u-tam fh, minds ur th-
tfIp'r fs Iu. sanction of wrong H-
ff..f.. .f government Th, vice
tNae implanted would fta, ON u,v
forms Hf ..s.I.fsI plumber Iul sure
N destroy th, iuf,-fl} ~ uur insti-
EDITIONS.
a ierent state .u,tlte establishing
tHa r~UmT.ueatHH tH be- charged Dos
railroads Tor the transportation of
passenger liked 90. peufItIu- 90 -u.h
.u amount for each utrr.hHrga that
~ the railroad complHIes contested
th- validity Of thc rates and GIIel
% establish their contention. they
Nouid have run the hazard Of for
leiture TO the state within "a year of.
fhe entire railroad property within
Ihr state.
After discussing az considerable
length the recent enactment of pri-
mary election laws. Mr.. Dickinson
continued.
In our zeal 10 AVE % law sym-
fnetrlcaL wise and clear, we may UNI
consciously assume tue critical rath-
e. than the judicial attitude toward
legislation and thus have our atten-
Aga arrested more ~ 81 shortcom-