The Washington herald., 1910-05-05
COURT APPOINTEES
DEFENDED BY TAFT
Continued from Page One.


the legislative OF the executive branches,
or saying that the judicial has any more
power than the Executive when the Exec
utive is within his functions or when the
legislative is within its functions. for the
Supreme Court has laid down plainly the
limitatiors.
Each Has It's Functional
I'm the construction Of certain statutes
the executive is uncontrolled by the
Supreme Court or the legislature. Within
it's functions. as defined by the COnsti-
tuition the legislature has entire discre-
ton. but when II comes to say whether
either Of the other branches has passed
beyond its limitations. II is the Supreme
Court that ultimately must be the de-
Gliding tribunal. II that question can be
presented in litigated form 20 that tribu-
nal, for the Supreme Court is not consti-
tuted TO give opinions on moot cases or
prepared cases 20 the other branches
OF the government. The case must arise
in litigation between parties so that in
the determination OF the rights Of the
parties the court shall express what is
law and what are the limitations Of the
various branches Of the government.
Now. I do not like TO be invidlous in
my remarks OF TO quote what may have
been a Interpretation. but I did hear. or
see. a criticism OF one appointment on
the ground as l understand 1t. that the
appointee was not an implacable foe OF
wealth and corporations
Il think perhaps that criticism has
been misunderstood and that the utterer
OF II did not intend 10 give II the mean
ing that, thus stated, Il seems to have.
believe that all, Democrats and Repub-
leans. Republicans and insurgents. are
patriotic citizens and We all are that. and
are in favor OF having upon that bench
men who are foes Of nothing but what Is
wrong and are IN favor OF equal justice
70 every one. whether that be an organ
ization OF men doing business under the
law and using the fundamentally OF a
corporation 20 promote their industries OF
the country. or be the humblest citizen
struggling with his hands 20 earn living
| for his family
Men often Have LeaninRs.
II do not mean 20 say that men by
/ their habits Of life may not acquire a
/ bent or a prejudice IN one direction or an
other. and that il isn't wise 10 select FOR
the highest tribunal men who have such
bent and who have in their makeup the
danger OF prejudice 10 one interest OF
against another. But do mean 10 say
| that there IS IN the public journals. and
/ in what may call the cant OF the dema.
gogues a disposition 70 charge that kind
! OF bent I'm favor OF -C-0orate wealth
and corporate greed and corporate mo-
nopoly. when there Is no justice for the
( charge al all
This assumption Of peculiar honesty
manifested by class declaration and the
stirring up OF class spirit is something
that ought TO be deprecated in our re-
public or else II will lead 10 great dan
/ ger. We ought TO take up the discus
sion Of public questions and discuss their
effect with judicial calmness. and moi
/ have our minds diverted by charges OF
prejudice and corrupt motives. I say
charges utterly unsupported by evidence
or calm consideration.
And so. my friends. I have taken NJ
more than two minutes. Cries Of &c
on"0
/ mo. An I am appealing for is Justice
and a square deal. not especially foI
myself indeed. / am In a position where
/ can get along better than some Of the
rest without II. but I am appealing fol
justice I'm dealing with all classes
81 said all classes. OF course. prac.
tically. it is pretty hard to give it. tt
our sociallstic friends who are engaged
in deCrying our present institutions
could furnish a good deal better ground
for their complaints than they give them.
selves.
Poor Mans Court.
Il have talked about this before. and
II is no new theme with me- think Fl
they were 70 object to our administra
ton Of justice and the delays in # arts
ing from the traditional me lods pur
sued in courts. by which the man witt
the longest purse has the advantage
because the litigation Is drawn out, the,
would be getting. as the children said
| pretty warm in reaching a subject tina
will bear full discussion. and upon which
we shall have 10 have very decided re
form.
The theory that II you give the poo
working man the right TO carry nj
case, involving S25. through four court
20 the Supreme Court you are securinj
the acme Of human justice is one tina
has been advanced on many n leglsla
tive floor by many a demagogue wit
great effect. and is an example Of wha
is a real demagogic argument. becaus
he ought 10 know and everybody ough
to know that it is Of more benefit {
him that he should have the case de
Cided against him in the first court, an,
finally settled. even at the risk OF in
justice. than that he should be dragee,
through four courts and spend a grea
deal more money in trying 10 vindicat
his rights We have got to make
change in that, gentlemen. We have 90
10 arrange II so that cases are decide
promptly
Courts Need Reforming.
Il am bound TO say that the Unite
States courts are not models in this re
gard, but all courts may be reforme
in this regard. What is driving 20
merchants into arbitrations? Il is IN
cost of litigation Now. we ought TO hav
courts that can dispose Of the bushes
promptly and end litigation. and l spca
as lawyer, and ! speak as Judge an
therefore. | speak with confidence. be
; cause 1 know what I am talking about
I feel much more at home on this sub
ject than I do in discussing agriculture
subjects with farmers.
But there are other calls upon m
time which Gov. Hadley and I regard a
the call of duty. So I leave YOU"
The President reached St Louis at S.;
: o'clock. He took breakfast ct the s