Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1910-09-22

high tribunal as men OF "fossil:zed
minds" and intimates that the personnel
OF the court should be changed in order
TO bring forth more pleasing decisions he
is attacking an institution close to the
foundation OF the government itself in
way that few sober thinking men will en-
dorse, or view with even the completeness
that many OF the acts and utterances OF
this remarkable man receive.
The two instances cited by Mr.. Roose-
welt in his Argument against the court
we're recent decisions involving fine
points of law as to jurisdiction OF the
court and the indefinite line that separ.
ates the sphere OF federal and states
rights. The court was divided, as it
often is, but that Was little reason for as
snming that it WAS wrong. Indeed, as
good citizens, we are bound to accept as
right and conclusive the decision of the
court OF last resort on any matter that
goes before it. This is the very keystone
of the idea underlying that most impor-
tant branch of our government. Not
that as individuals We may not be disap-
pointed at an adverse decision, but
we are in duty bound to receive it as su-
perior to our own judgment and acqui-
esce in It without public complaint, espe-
ciaIly OF the court itself.
A proper respect for the dignity of the
court is essentiHl to liberty and the main
tenance of the rights Of all. What II
every court were made to feel that 1t
could not pass upon questions OF law or
fact according to it's own trained knowl-
edge or understanding and the evidence
submitted, but must trim its findings to
the public clamor of the moment or sub
init itself to abuse and the threat of de-
position Monstrous ! Yet Mr.. Roose-
Welt is lending his great power in this d.
rection.
If the supreme court Of the United
States, or any OF its justices, has been
recreant to its sworn duty, let it or him
be summoned to the bar that the consti-
tuition itself provides, the Senate, for i'm
parchment, but let not the hand OF inti-
midation be held over it in order to pro-
duce desired results, at the behest OF any
one. AS matter of fact, no one believes
the court has erred in these decisions.
The fault, il fault there is, rests in the
law, and the court does not make the
law.
In the present maelstrom Of popular
approval of Theodore Roosevelt for his
real greatness in many ways, it should
never be forgotten that superior to any
man are the sacred institutions that pre-
serve our republic. We should carefully
guard them from assault, as much from
the hot words Of q fervid, II honest and
able, man Of tremendous personality, as
from the assassin " no would strike down
with weapon Judge because he failed to
win the courts approval in = cause be-
fore it. In its particular province the
supreme court should be as immune from
the storm OF popular sentiment as though
walled up by thousand miles OF granite.
The people, through their representatives,
make the laws, but there can be no safe
ty, no lasting virtue, no consistency, to
government where the people, through
their dummies, the courts, interpret the
laws and administer justice as between
man and man. That is a species OF
democracy that no republic could survive.