New-York tribune., 1909-12-10
MAYOR TOSTUDENTS
SPE4KS At PRINCETON
Discusses Legislation as Stat
ford LITTLE Lecturer.

Princeton. X. J.. Dec. e-Mayor McClel-
lar. Princeton SO. lectured before the
faculty. students and guests Of the uni-
versity here tonight on -Prescns Day
I,~e1se-ion" Tie viii complete the lcct-
uue on Thursday Of next week before the
same audience. Two lectures are deliv-
~-el 81 Princeton each year under
foundation called the Stafford Little Lee
tureShip on Public Affairs I,x-President
Cleveland held tke appointment 10 this
icctuneship from tho time "a IVES estsh-
lished untu his death, when Mayor 40
Cicllan succeeded him.
After denning legislation as the -modih-
carton 81 law hv The exercise of the
sovereign win~ Mavor Mcclellan. in dis
cussins the application Of the term law.
ssid:
Great - Was tire influence Tor good %
IereruE Reufham and Of his famous
disciple John Austin. they lori tire Worio
been able 20 rid ourselves, an their helief
tr tho onITtpofence of legislation foi
nor would he concede the possibility ~
government bv custom On antagcnism 70
the statute u vas oniN step 20 Lns
tsrevrrre Scd but none the less prevalent
theorv ~ our time thai legislation - ail-
pc~erful 20 cure ali ills ano 10 right al
The 80 many laws ou Tire statute
sccss to-day thai are not enforced because
fheT arc absolutely unenforceatie AIle
thns - because punnc "Piilen p -, -
80 them ano VIII not tolerate lheF en-
-hsrs are otae- laws upun the statute
hooks laws 20 which public opinion is "f-
pnSpd. thai are enforced with more ~ less
eis~r Sad cousistencv. but whose enforce
rrenf leads inevitably 20 corruption, per
=, sF Guire within the pover Of Congress
20 ensct. the supreme court 90 sustain sno
counter 20 prevalent public oplnien- nnt
fh~ enforcement cannot continue loi loilN-
rcr sooDer or later public opinion VII as
SER itself and tho statute VIII either ne
rereslad ~ Congress. MADE VOID hY the
Supreme Court declaring n uncenstltll-
sicnsl ~ become dead letter tLroeEN
r,on-er forCement by the Executive
Az the last analysis that which gives
1ifs 70 tho statute. that winch transIeI Ms
A. from empty threat into me fNiN-.
hr~sfhinr law. is the vitalizing force ~
pnhlic opinion.
The speaker then discussed in detail me
snsrr separation Of the legislative. execu-
tive znd judicial powers OF the government
~ the trainers of the Constitution, deplor-
ing The fact thai public opinion had since
eec-oee a certain redistribution of gov
ernmeutal powers scarcely contemplated by
ary ~ the trainers ~ the Constitution
Continuing with a discussion % the vari-
ous changes IN the Constitution, Mayor
Mcclellan said
Tn. Constitution has been amended by
custom in two important particular -hfst,
A. limiting the service m the fresl4eliD9
al any one man 10 two terms, ana. sec
ond in entirely altering the method ol me
presidential election.
Washington. who doubtless could have
heid fhs Presidcncv as long as he lNeo
IN his farewell address declined a third
uerm. tire ground that the safety uI ouI
republican institutions required ne 4ls nAlls
of q Hmif 20 the Presidential eligibility,
aur NNed the limit a. two terms r ne Gus
tom was stil further established bl del-
fsrson. N-ho, whether or not ne mao a
v--rus ~ necessity. announced hls deter
irination 20 decline tnirc term MADISON.
Monroe ana Jackson never thought Iof
moment af cispurinc the uuNrirten law
The argument that Washington meant 70
limit the service ~ any man 10 tNo ion
sud elected terms has not beer taken very
seriously By the country
ton made by custom. thai which h2s al
tered fhe manner Of elecrnG the fFesl-
cent and the Vice president, has Decome
proposed hy Congress and ralihed ~ ine
legislatures q turee-fourrhs or All lhe
The Thirteenth Amendment. abolishing
sisverv. was adopted ly rhlrty-seVen states
including nve which had formerly seceoed-
The ordinance OF secession hao been -
pealed an al the Confederate States and
fve ~ them were governed exclusively
?, original Nnlon men, OF 10y men VINO
Tet despite all this. IN March. lbs.- Con-
Eress passed the so-called Recons-ructlou
acts. which abolished the new state govern
rsents IN the former Confederate States and
placed them under martial law Tor the al
legged purpose OF organizing so-calleu loyal
governments
Tho Thirteenth Amendmeut. while eman-
cipstinE the slaves did not eufrauchise
them While the Fourteenth Amendmtut
Gid uof 40 50 directly. lr made OF The me-
rroes citizens. and u case sTv state did
not allow them tO vote IL proportions tely
reduced the basis OF representation Of that
stare iu Congress
Congress always ready and anxious
Co voice public oplninns nul b. inclined 20
overdo the matter Both political parties
sre constantly bidding against each other
for popular support. and 20 the party In
Tso-ser ie ven. aut fn ifs legislation 20 go
FER beyond what public opinion really de-
Eires. is Wiling 10 tolerate.
The Supreme Court. or rise other hand.
has during its history shown a marvellous
ability % voice correctly th- sober second
thought % rhe American people So much
- fhst whom public opinion has changed
u has nuf hcsItated no OVerrule itself on
thr legal lcti0n that tht previous decision
WIS Incorrect