Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-07-29
THE LAWYERS.

TEsTE: DANIEL R. STANsBuRY, Clerk c.
THE LAWYERS.
The joint meeting of the Maryland
and Virginia Bar Associations at Hot
Springs, came to close with banquet
last night. The address of the day was
delivered by Justice Horace G. Lurton,
of the United States Supreme Court.
Justice Lurton's address was a
scholarly effort bearing evidence OF
deep and careful reserch. The an
nouncement of his topic, What Shall
1t Be, 4 Government of Law or a
Government Of Men," was sufficient to
fix the attention of every lawyer and
especially OF those not in accord with
certain modern political tendencies.
His theme was that the Supreme Court
should simply exercise its judicial
powers, and that no courts should as
sumo legislative powers.
The justice held close to the line OF
Constitutional supremacy. This was
an oldfashioned argument for the
strictest observance of organic law
national and State. He pointed out
that legislative bodies must not disre-
gard Constitutional limitations, that the
court must regard legislation with
constitutional line and that executives
must pay due heed to both. He was
especially vigorous III proclaiming that
one department OF government should
not intrude upon the functions and pre-
negatives of another, and without using
names or being too pointed in his refer
ences indicated the danger of too lax
regard for constitutional prohibitions
and of management with many of
the theories and actions of the lion
hunter of Sycamore Hill,
As the alternative to government
Of law is despotism, whether the
despots be many or one benevolent or
malignant, the question admits OF but
one answer" the justice said
But" he continued, are we not
more or less conscious OF restless
tuggng against the bonds Of the law
and the yoke OF the constitution? Is
there not a growing disposition to
disregard the limitations which we
have placed upon those in authority
and tendency to applaud the doing
Of things which one may wish done,
regardless of whether lawful or I'M
lawful? If one in power does things
which displease us, we are swift to
inquire into his authority; but is that
so il the thing done meets with our
approval?"
Justice Lurton declared that the
great food of immigrants are unfa-
miliar with American constitutional
ideas, and their ignorance of such is
the cause OF much popular complaint
against the courts and the law. He
urged simple faith in the institutions
of this government and the mainten-
ance Of the independence Of the legis.
lative, judicial, and executive depart
ments of the government. Great ap-
plausc greeted his utterance that the
law must be changed directly, not in
directly.
At the shott business meeting the
Virginians elected as additional dele
gates to the American Bar Association
Prof. Il. G. Minor, OF the Univervity Of
Virginia, and Judge John w. Price, Of
Bristol An exchange Of official com
pIimcnts between the two associations
marked the close of the gathering. On
motion of Mr.. W. w. Olds, ofNorfolk
the Virginians ordered entered upon
their minutes All expression OF apprecia-
ton OF the visit of the Marylandcrs,
and the latter, through their retiring
president, Col. ID. c. Mcintosh, and
the secretary, Mr.. James w. Chapm an,
responded feelingly.
Westinghouse Forced from Presidency.