The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-08-30
Speaks of Judges Who Are
Fossilized of Mind,
Though Honest.
EXPECTS A CHANGE SOON


4 DENNEh, aug. ". i neOdore hOOSeveit
came into the capital Of Colorado to-day
and spoke more fr,nkly than he has done
since he was President
Before tho State Legislature convened
in special session he criticised two de-
oisions Of the Supreme Court Of the United
States.
In the Auditorium before a crowd OF
10000 persons he gave his most advanced
views on conservation. deploring tho
backwardness OF the East and praising
the West for the strides II has taken.
He declared that not a single acre Of our
public land should hereafter pass into pri-
vate ownership except for the single pur-
pose Of homestead settlement.
Mr.. Roosevelt did not attack the Ad.
ninistration. In fact he did not refer to
, IL by spoken word
He ignored President Taft and he
omitted any reference that could possibly
be construed rs an indorsement OF what
tho Administration has done.
The reclamation service MIR. Roosevelt
praised He said that because Of It's
, clash with certain private interests il
has had 90 pay the penalty Of its service
10 the public. The relation Of the State
and the nation and the neutral ground.
which Mr.. Roosevelt said Is working
havoc WAS his theme for the most part
to-day.
Speaking Of the Supreme Court itself
Mr. Roosevelt said:
We are all perfectly familiar with tho
Judges. who are perfectly honest but
fossilizsi Of mind. who say we must not
interfere with the liberty Of a young
girl 90 work long hours under unsanitary
conditions
As To the decisions to which he OBJ
jects h. said:
i am anxious that the nation and the
State shall each EXERCISE its legitimate
puw.rs 10 the fullest degrees. when
necessary they should work together.
but above all they should not lsavs a
neutral ground in which neither State
nor nation can exercise authority and
which would becoms a place Of refuge
for men who wish To act criminallv
and especially for IA. very rich men wi
wish - act against the interests II a.
community as = whOl"
let Is ilustrat. what | mean by
reference. to two concrete cases H..
first Is the Knight sugar trust case lu
that the supreme Court 81 the Uui''
States under cover of what "A man Wu,s
interest i chiefly m sane construct.
-t"war,lsnip can only call hight
technical ~ultl'ty handed down a de-.
sion which rendered n exceedingly din
cult for tine nation effectively 10 Cuutr,I
th. ~" 81 MASSES Of corporate CaIi aI
IN interstate business a. the nation OF
vtuu-ly was the sole power that could
exercise tins control for D. was urIir"
h''Nund a." bower Of any IA, state.
This Wa- really "A decision rendering Il
exceedingly diffvIt Tor the J"rI L. 10
d"Vi-" any m"thud 1T controlling aud
regulating the hrpi.a'ss ~" OF lI.v
capital ia interstate commerce. T. vif
a d"-i-Gun nomnally against i'ruuiI
r,gh'-. huu really against popular righi-.
The second "as" ~ ~" so-'tll"d New
York hlkcShop ease. In New NDrs city
the taking business i likely - hr ar
RED on under unhygirnic conditions. IL"
New Work Legislature ua--,d aud the
Gov ern"r signed ull r'rncdvinr ,ncss
improper conditions. New NurK st1to
was the only body that could deaf with
them the nation had no power 10 thu
matter
But tho Suprsmr Court II IN" United
States possessed. and unfortunat sIv. ~
crci~ad thu ungntlv" power of not per-
hitting tn. ahI-.. To- h" r"mcdi-d Nv a
fiv. 10 four vote. they declared IA" action
M IN" stats 81 New lork uncuustitu.
tIpnal. b'cauS.'. for-ooth. mon must not
be deprived of their liberty to work
under unhygirnic conditions They were
81 coIr-a themselves pow"rl"s- 10 make
tho r"motest attempt 10 provii" rem
edy for the wrong which undoubtedly
existed. and their refusal To permit ac-
ton 10y IN" stat" did not confer any
power upon the nation to act Ia eject
they rcduc" tn impotence the only body
which did have power. - that IN this
case th" decision. although nopinally
against state rights. was really against
popular rights. against the democratic
principle Of government 10y the people.
under the forms 81 law.
If such decision Indicated the courts
permanent attitude there would 10
grave cause for alarm. for n consistently
followed up It would upset ia" whole
system Of popular government. | am.
however convinced both from tn" in
consistency az these decisions. with
the tenor Of other DECISIONS. and fur
thermore from the very fact that they ara
In such hagrnnt and direct contradiction
Ia thu, spirit and needs 81 the times. that
soon..r or later they will L. explicitly or
implicitly reversed.
Throughout "A day II urqus>tionable
Roosevelt triumph the ColoI 81 pourel
his words into willing ears ami minds.
Denver was In a receptive MOOD.
Mayor Robert Spcer a Democrat. prac-
tically rominatei Mr. Roosevelt for
President IN 1912 A. he INTRODUCE Mr.