The Birmingham age-herald., 1909-05-26

dent to the wonderful development of our country. These questions ought to ret ceive the gravest attention of publicists generally, and they must receive the most serious consideration of the judge. for he, in the last analysis must interpret the law, overturning 1t when 1t Is repugnant to the constitution and uphoding 1t when it is consonant with that great chart of government, to the end that a govern ment under a written constitution may continue to live.
 Federal Judiciary.
 The federal Judiciary holding office for life, or during good behavior-and l have noted how ineffective has been the con stitutional power of impeachment-the remedy for judicial encroachments other than those that may be committed by the supreme court Is by resort or appeal to that aagust tribunal, and in some par ticulars there may be legislative restric- tions upon the judiciary subordinate to the supreme court. In some instances the encroachment upon the rights of the states to execute their own laws was challenged by bills in Congress to limit the power of the inferior federal courts. denying the right of all federal courts other than the supreme court, to issue any restraining order or injunction against the execution of state law until after final trial, determining such legis- lation to be in violation of the constitu- tlon of the United States. But 1t may be that congressional action in this re- gard is no longer imperative for appel late courts, including the supreme court, have wisely laid down precautionary rules for judges and courts of first instance, which. if followed as they doubtless will be, will not allow a presumption in favor of the invalidity of the state law, but will uphold and enforce the law until a com potent court shall, after full hearing, have determined the state act to be repugnant to the constitution.
 Doubtless the supreme court itself Is amenable to Just criticism and desires always to be guided by the highest con- alterations and by the weight of reason. I believe a sound public sentiment prop erly expressed In any forum or in any public meeting and called to the official attention in such places, or through the means of free press, has just effect upon public officials and upon those who administer the different departments of the government Every judge. in his capacity as citizen. is no more and no less than any other good citizen, and all good citizens, whether they be in high place or in private walks. cherish a pa trotic desire for the perpetuation of a government established by the consent of the governed and bulwarked in the HcdflS Ol the AInSrlCdn people.
 My countrymen, whenever the people of the states of the union cease to re- gard as important the dual character of our government, inevitably all the essential powers of government will be centralized at Washington The states will be stripped of all that is most de- sirable in their reserved powers, in their police powers. and there will be left but a vestige to the people of the respective states of the right of local self-govern- ment. They will then have power to execute their internal policies or to regulate domestic relations; and this re- fex movement from free local govern ment toward a despotism will change the character of our system, leaving only the mere semblance of a republic.
 Rights of State.
 Against this policy of what political scientists call the centripetal force in our government there must always be op- posed the centrifugal force to the extent, and to the extent only. that the rights of the states in all matters of local con cern shall ever be held inviolate. It is essential to the liberty of the citizen and to the success and continuation of our wonderful and complex scheme of government that the harmonious rela- tons with the states of the union of the federal government with its limitations,