The San Francisco call., 1908-12-09


-s az eNeculiNe, a legislature, or
p JLcse livery executive head who
ADVISES violent instead OF gradual ac-
-4-' "L VINO advocates III considered
ano sweeping measures OF reform les
peclally II they are tainted with vim
aictFeness. and disregard for the
snts oI the minority, is particularly
hlameWorlhy. The several legislatures
are responsible for the fact that our
avs are often prepared with sloVenly
paste anG lack OF consideration. More
more frequently amended during pass
aEe. an the suggestion of the very par
les against whom they are afterWard
enforced our great clusters Of corpo-
fsi1ons, huge trusts and fabulously
wealthy DluitimilliOnaires employ the
Nery best lawyers they can obtain 10
"t laws these statutes after their
ASA 8e, nur they also employ a class
80 secret agents who seek, under the
'lflce ol experts, 10 render hostile leg
-5-ft tton lnnocuous by making 1T uncOn-
si'tltlonaL often through the insertion
lal appear Oh their face to he
-astic and sweeping provisions against
e interests or the parties inspiring
mem. while the oemagogues. the cor
r-nt creatures who introduce black
mailing schemes TO strike corpora
lions. and all who demand extreme and
1tcesiraoly radical measures, show
themselves 10 be the worst enemies OF
t0e very public whose loud .mOuthed
champions they profess 10 be.
A AerF striking illustration Of the
consequences OF carelessness in the
!. preparation Of
-r1 80, statute was b
,f ~, ,t.S-., Sl~ employers liabil-
causes Comment the cases arising
- under that law.
tolr Qua or six courts Of first instance
a--a u uuconsttutional, six out Of nine
.Hsllces OF the supreme court held that
Us SUBJECT matter was within the prov
ince ot congressional action, and four
me nine Justices held il valid. 1t
was. however, adJudged unconstitutiOn-
a. oN bare majority Of the court
rte 10 four IL was surely very slow
t--T piece OF work 10 frame the legis-
ation in such shape as TO leave the
question open at all.
Real damage has been done by the
f-aFll told and conflicting interpretations
0l the interstate commerce law Con-
rro. over the great corporations doing
terstate business can be effective only
tf II rs vested With full power in an
acr1in nistratlve department, a branch
of The federal executive, carrying out
-elela- -aNf II can never De effective
= q divided responsibiIty is left ia
both The states and the nation. 1T can
never be effective il left in the hands
" The courts 20 be decided by lawsuits
The courts hold place Of peculiar
and deserved sancrity under our form
~ government Respect for the law is
essential 20 the permaneuce OF our in
s-ituu0us, and respect for the law is
largely conditioned upon respect for
The courts II is an Offense against the
weaken this respect, save for the grav-
esI reason and in the most carefully
guarded manner our judges should be
held iu peculiar honor. and the duty Of
= ,1eepe-tful and truthful comment and
criticism. which should be binding
when Tre speak of anybody. should be
espec Binding when we speak Of
taela an average they stand above
amy oor servants OF the community.
and -le greatest judges have reached
the hLgh level held by those few great
est patriots whom the whole country
deli lights to honor. But we must face
wise judges. just as there are wise and
,nUise executives and legislators.
When president or a governor be-
haFes improperly or unwiseiy, the rem
erT Is easy. Tor his term is short, the
same is true with the legislator, al
though not 10 the same degree. for he
given legislative body. and il is there
fore Jess easy 10 fix his personal re-
eponsihlity and hold him accountable
VITA Judge. who, being human. is
also likely to err, but whose tenure is
for life. there is
Judges in Omce Of holding him 70
for Life Present responsibility. On
serious rro3lem deF ae.,o,3 ordinary con con
forms of pressure TO which he IS in
amy way amenahle are public opinion
and the action Of his fellow judges It
elecrlFe. and 10 which we should look
for the reform Of abuses. Any rene
dE applied from without is fraught
with risk II is far better, from every
standpoint. that the remedy should
come from within. In no other nation
iD the world do the courts WELD such
vast and far reaching power as in the
nlted states. All that IS necessary
IS that the courts as whole should
exercise this power with far sighted
wisdom already shown by those judges
| H| aaaar
in the present. Let them exercise this
great power not only honestly and
bravely but with wise insight into the
needs and nAed purposes OF the peO-
ule SO that rley~maE do justice, and
work equity SO that they may protect
aIl persons in their rights. and yet
break down the barriers Of privilege,
which is the foe OF right.
u there is any one duty which more
than another we owe il TO our chill
dren and our children's children 10
perform at once. 4 is 10 save the for
esrs of this country. for they consti-
tute the first and most important ele-
mcnt I'D the conservation Of the natural
resources Of the country. There are
~ course two KINDS Of natural re-
sources one is the kind which can
only be used as part OF a process Of
ural oil and gas wells, and the like
The other. and OF course ultimately
by far the most important. includes
the resources Whlch can De improved
in the process OF wise use, the soil,
the rivers and the forests come under
rhfs head Any really civilized nation
VIII SO use ali of these three great ma
ttonal assets that the nation viii have
their benefit in the future. Just az
farmer. after all his life making his
living from lis farm. VIII. il he is
an eDerr farmer leave II as an asset
Of Increased value 10 his son. so we
should leave our national domain 70
our children. increased in value and
not worn out.
There are small sections Of our own
country. in the cast and IN the west
i'm { he AdirOn-
dacks. the White
,1stin2 injury mountains and the
9y the RECKLESS Appalachians. and
Deterioration tn Rocky
mountains. where
where we can already see for ourselves
The dana &c in the shape Of permanent
INJURY ~ the soil and the river sys-
TENS which comes from reckless de-
forcstation. Tt matters not whether this
deforestation IS due 10 the actual reck-
less cutting of timber, to the fires that
Inevitably follow such reckless cutting
81 timber. or To reckless and uncOn-
trolled grazing, especially by the great
migratory band OF sheep. the un-
checked wandering Of which over the