Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-12-13
PRESIDENT 7 IS
TARGET FOR
CRITICISM
BROADSIDE HURLED AT
EXECUTIVE BY JUDGE
Pennsylvania DenounceS the
Roosevelt Attitude Toward
Judiciary as Marking Long
Step in Direction of Anarchy
lBy Mornins Journal Special Leased wirsI

[By Morning Journal Special Leased Wirel
New York, Dec. 12.-Indirect but
pointed criticism of Rooseyelts atti-
tude toward the judiciary was made
by Chief Justice Mitchell, of Pennsyl-
vania, in an address tonight at the
banquet of the Pennsylvania Society
Of New York. The chief justice did
not mention the executive BY name
but left no doubt through his quota
tions and his allusions TO various mat
ters of public knowledge as to the
object of his criticism was
The courts, the bar and the laws
of states and nation, were discussed
from various viewpoints by the speak
ere, who, beside Justice Mitchell We're
Attornel General Bonaparte, James NJ.
Beck and Hampton l.. Carson.
Chief Justice Mitchell expressed re-
gret that an effort was making to
weaken the lines of distinction so ad-
mirably defined in the federal consti-
tuition.
For the cure of evils temporarily
prominent it is impatiently advocated
that the combined powers of the gov
ernment be centralized in the execu-
i've" he said, THE only safety for
all is obedience to law as it is writ
ten, and not to a strained and dis
tOrted construction to make it mean
what il does not and never was in
tended to mean, but honestly and fear
lessly to carry out the real meaning OF
its makers.
THE only just criticism of a judges 3
law must come from court which
KNOWS the Jaw and mas Jurisdiction ~
declare it. Descent from his view
based on individual opinion of what
the law ought to be, whether it comes
from an executive or hoodlum, leads
directly and by short steps to an an
archy-the assertion of individual viii |
against the settled law. The very |
phrases so prominently put forward |
of Judges who have Jagged behind TIE |
lines and Judges who hold to IA |
twentieth century economic philoso- |
ply betray not only ignorance, but a |
deplorable incapacity to keep in mind |
.
ercan government. If the law as de-
clared by the constitutional tribunal |
is not what the people want it to be- |
then let it be changed, but let it never |
be lost sight of that the authority to
change i is legislative, not judicial |
still less executive"
United States Senator Boies. Pen
rose and p. c. Knox were among the
guests at the dinner
Mr.. Beck quoted what he said were
speeches of Attorney General Bona
parte in which Mr. Ronaparte was
represented as saying: The tendency
toward combination exists in every
civilized country, and exactly in pro-
portion to its civilization
Mr.. Bonaparte interrupted with a
protest that he was misquoted.
AS Mr.. Peck proceeded he again
quoted the attorney general as having
said emphatically: mo legislation in
restrain of combination is desirable"
Mr.. Bonaparte then said he had
some time ago entertained similar
ideas but he had since been convinced.
he said that il was choice between
such legislation and revolution, and
he believed that the American people
would choose wisely in legislation to
regulate the great combinations OF
Mr.. Beck concluded the incident by
saying that the attorney general hav-
ing voluntarily taken the stand. he
would receive the customary 'immun-
ity' bath.