Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-09-17
CRITICISM OF
SUPREME COURT
Mr.. Roosevelt Justifies His At
taCks and Cites Lincoln and
Ored Scott Case.
NE ALSO QUOTES PRIEST. TAFT
u,s rendered No service More De-
o,,ing of Record Than His Criti-
clsms OF dic judiciary.

syracuse. y. Y. sept. i1-Tneodore
poosevelt returned to the defense of
,,s new natlonalism today as was
sneci6cally indicated in the title OF MS
.adrsss at the state fair here--'Tho
New Nationallsm and the Old Moral
Ivy"
THE new nationalism," he reiterated
means nothing but an application 10
new conditions Of certain old and run
damentsl morallties. II means an In
.vitation to meet the new problems OF
Tie present day in precisely the spir'
N which Lincoln and the men OF MS
dav met their new problems.
To his critics he put this issue is
any marty willing to take the other side
~ Tho propositions OF which complaint
ia made II so, II would be good
thing TO have the Issue before the peo-
ME for In the end the people would most
certainly decide in favor OF the prlnci-
ples embodied in the new nationalism
because otherwise this country could
not continue 10 be true republic.
true democracy
JUsTIFIEs HIS ATTACKS.
The sneaker followed this with a
justification OF his attacks on the SUI
preme court Of the United states. He
chose two arguments-one. that In his
criticisms he had merely echoed the
minority opinions OF the court itself,
the other that he had illustrious prece-
dent-the example OF Abraham Lin
coin. who he said, had been far more
outspoken than he himself had ever
been and the example of President Taft,
from whose utterances 10 years ago. In
favor Of public criticism OF the courts
he quoted.
Take for Instance he continued.
what ! said in reference 20 late deci-
sions Of the supreme court. One de-
csion was In the Knight Sugar case, In
which, according TO the dissenting
opinion OF Justice Harlan, the court
placed the public so far as national
power is concerned ,the only power
which could be effectively entirely a.
the mercy OF the combinations which
Arbitrarily control the prices OF arti-
1s'is~ rvetased to b. transrnrted from
one state into another state,
4 merely took the view which the
learned Justice had taken In his dis
sentilg opinion. Those who criticize
me are also ciiticizine a Justice OF the
supreme court. Mr. Harlan Dooniy
critics take the position mat the people
shall not be able TO control the actiyi-
ties and nianag ement OF these great
monopolistio- corporations doing amin
tersiate business II so. let them frank
" avow their position. II not let them
cease their criticism" -
The other case mentioned was one
prohibiting New York state 70 regulate
hours Of work In bakeshops; and again
the speaker said, he had based his crit
ielsm on a dissenting opinion within
The court itself.
DRIED SCOTT CASE.
"Ffty-three years ago. ne oontin-
ued. Abraham Lincoln was assafled |
for his repeated criticisms of the SUI |
preme court In the bred Scott case. |
As regards this decision. he an
nounced, not once, but again and |
again, he held II to be not merely the |
right but the duty OF citizens who felt |
mat judicial decisions were erroneous |
and damaging. Loyalty to abide by the |
decisions as long as they Stood but 10 |
Wy hard TO secure their reversal his |
language on one occasion being as fol- |
lows We do not propose to disturb |
the rights Of property thus settled. We |
propose 20 resisting the decision as to |
nave the question reopened II we can
ano new judicial rule established
upon the subject
ne repeated this statement In
signify differing language In speech
Al'er speech Moreover, he used very |
suonk language about the decision
isf stronger than l dream OF using or
hsh u would be proper TO use about |
we decisions with which | now deal |
nu' MS View as to his right and duty
eau attention TO an erroneous de-
uson which vitality affected the rights
me people. was, | think, entirely
f4NH n n 1
ommenting 40 have commented upon
we decisions In question, | err In com
lany with Abraham Lincoln. The ciiti-
Ssnl OF me IS perhaps well summed
w IN the following speech of an emf
hent public man:
A.. lie makes war on the decisions OF
we supreme court | wish to say TO
YOU Fellow citizens. that have no war
" make on that decision or any other
uer rendered by the supreme court. I
aih content To take that decision as AZ
LANDS delivered by the highest judicial
ulOunal on earth. a tribunal established
inc Constitution of the United
s.Ies Tor that purpose and hence that
Staslon becomes the law Of the land,
olnding on YOU. on me ana on every
o.ner good citizen. whether we like II
W not Hence | do not choose TO 20 |
mo an argument to prove before this
sualence whether OF not he tthe chief
ySauvel Understood the law better than |
iheodore Roosevelt"
ATTACK ON ROOSEVELT.
Nov, gentlemen, | have made ono
~ ,.1-g IN the above quotation. The last
were not Theodore Roosevelt.
49, tst words We're Abraham Lincoln
81 thiS attack made nearly SO years
"a against Abe Lincoln, is precisely
mn nv exactly the kind OF attack made
81, me az the moment. Abe Iincoh
M. sno professed throughout his lie,
rrs.s sne profound respect for the SUI
ns"e court that Of course | feel. ana
,nss,t l nave again and again in public
,be ne, ana messages as president 81
rieh, Onnsed states expressed An nm
III huge ls higher and better nun
,lh,,. rvant than any other man can nos-
ever "s and II Is a cause OF pride 10
prsns american citizen that our al
deal COURT r the most influential iu-
hsva ulbunal In the entire world n
him again Lincoln; let me quote
sps,, we believe in obedience 10 ana 20
sove,rlor the judicial department 4,
cons,l,,,,snt We think It's decisions an
tles "suSuonal questions. when f,,liy 49,,
- shall control SIT
tence =, aefolutely with this sem
eaus. y Abe Lincoln. not The les he
said aso believe in what IJnc'5,