The Washington herald., 1909-06-08

United States. A special ovation was
given 70 a man from the Philippine ISL
ands. Pho Reyes
Mr.. Ellis IL his address 70 the grad
uates declared that while be was not
one OF those who believe there IS any
thing sacred about the person OF a
judge" or that the courts are above criti-
cism, he believed that If the courts Of
this country ever break down and lose
their influence and authority. Il VIII be
net because they are too independent OF
public opinion. but because they are too
dependent upon It." He said, In part:
Courts Too Dependent.
This IS the time anG place 70 speak
a few plain words Of courage and Of
caution on a subject that is making
anxious many thoughtful minds all over
America. More than ever before in eur
history there is a spirit abroad OF impa-
tience with the courts. not only because
OF what Is called the laws delays. the
technicaliues Of procedure, and the an
oient rules Of practice which obstruct
the prompt administration OF justice. but
with The whole institution of the judi
ciary on the ground that IL presents an
obstacle 70 the popular VIII We hear on
every hand the complaint that the courts
are not near enough 20 the people; that
they stand IN the way OF progress. that
they are dominated by the favored class
es. that reforms needed 10 protect the
interests o. the great body Of the peo-
pie are obstrueted By the decisions OF
the courts In a wor0, that the judiciary
Is In the way. that IL ought 10 be swept
aside or controlled or 'popularized' so that
the VIII OF the people may be promptly
done and our advancement as a nation
may go on without restraint OF interrup-
ton.
we had an instance OF this complaint
IN the last campaign. II was said that
the Federal courts especially were abus-
ing their powers. and that their author
ity ought 10 be curtailed. We have in
stances or this public impauence. we have
expressions ef this public discomfort.
voiced IN some OF the newspapers, and
occasionally by the legislative assemblies
whenever some great progressive mea-
sure Is declared 70 be unconstitutional. or
IS so construed as 20 restrict the good In
tended 10 be aceomP Plished.
Now. ] say with ell candor and ear
nestness. that no suggestion was ever
made more fraught with danger 70 free
republic. I am not one OF those who be-
person % a Judge; I am not one OF those
who believe that the courts are above
public criticism; that their decisions may
not be discussed. reviewed, and dissented
from Ia the forum Of the people them
selves. I am not one OF those who believe
that ignorance OF the law excuses nobody.
except the judge. But I am one OF those
who believe that no judge IN the land
should ever be compelled 20 answer 70
any man. or set Of men. 20 any power or
earth, for an honest and fearless declar-
alton 0f what he believes 20 be the law
John Marshall once declared that the
greatest curse an angry God can ;ndict
upon a sinfu! and erring people is an
ignorant. a corrupt or g dependent tu-
dietary I take that declaration for my
text tonight. For ignorance or corrup-
ton or Tor any exhibition OF hagranJ
prejudice, which amounts 20 either, any
and every judge from the highest court
20 the lowest, ought 10 be removable from
once. And so he Is by the law to-day
Yet & Is a fact which reflects honor upon
the American courts that there have been
very few instances OF unworthy or I'm
moral conduct on the part Of our judges
either state OF Federal
If the courts Of this country ever
break down and lose their influence and
authority. II viii not be because thev are
700 Independent OF public opinion but
because they are too dependent urOn IL.
No one could make graver mistake than
he who asserts that IN great free gov
ernment Ike ours the courts ought 20 be
subservent 20 public clamor. or 10 popu-
lar Whim- The very safety Of our insti-
tutions depends upon a doctrine precisely
contrary 10 this. We must remember that
in a republic where the people rule there
are Just two manifestations Of govern
ment The one IS the legislative the
other the judicial: the one is law IN the
making, the other is law in the enforce
ment.
Mob Rule Feared
The very moment you insist that the
courts shall be answerable 70 the peo-
pie for their decisions and shall be re-
removable from Office II they do not de-
eide according 10 the popular view OF
what the law is, or ought 20 be. you
take a step which leads logically and
10 mob rule And mob rule
is not government Of the people; II is not
government for the people: and. most Of
all. It IS not government by the people.
1t is for this reason that I think We
are 20 be congratulated whatever party
We may belong 20, that We have a Presi-
dent who declares that IN the appoint
ment Of Federal judges he viii regard
only character and capacity and viii per-
nit no political considerations whatever
% influence him in the choice. Il VIII
be a fair day FOR this country when the
time comes that all judges are selec-=5
for ability and not agility. It will be a
fair day when our judiciary is lifted
above and beyond party conventions and
party ballots: lifted above and beyond the
control OF any element in the country.
whether a majority or a minority,
whether mass or class, and safely
committed 20 their work IN & realm
where only justice and reason live. In
the achievement OF this ideal the law
yers OF America eve it 90 themselves
and TO their country 10 lead the way"
The faculty cash prize of $40 for the
best essay from among the members Of 1
the third-year class was awarded 10
Chester A. Gwinn. The faculty cash prize
Of $40 for the best essay from among the
OF the fourth-year class was
awarded 70 Augustus F. NIlIott Honor /
able mention was given 10 Royal T. Nc
Kenna-
The Edward Thompson prize was
awarded 10 Archie NJ Cheney. A prize
was donated by the American Law Book
Company, Of New York, Of the first thir-
teen volumes OF the Cyclopedia Of Law
and Procedure 10 the member Of the
class who wrote the best
graduation thesis on The jurisdiction or
a court OF equity 20 interfere BY iniunc-
ton TO protect an individual where his
property is aSout 70 be appropriated by
the Federal government, OF by a govern
ment officer, was awarded 10 Morris R /
Remington Honorable mention was given
10 Ralph De Shields Quinter and Eugene /
~ Waters.
The cash prize Of 500 for the best in /
iividUaI debater among the members OF /