The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-05
President Makes Vigorous
Address In Defense of
Appointments
RESPECTS ARE PAID TO
BRYAN FOR CRITICISM
Taft Makes Speech on Panama Canal
at a Banquet and Talks to Farm
crs' Union Convention on
Subject of Conservation

st. Louis, May 4.-President Taft's five
day trip to the middle west ended here
today and he left late tonight for Wash
ington, where he is scheduled to arrive
early Friday morning
II remained for st. Louis to give Mr..
Taft the heartiest demonstration of his
present journey. The city was gaily dec
GRATED and there were cheering throngs
wherever the President went. Several
times his automobile was stopped TO re-
ceive. bouquets of flowers These Mr..
Taft later sent to st. Lukes Hospital
and the Home for Incurables.
The apparent warmth of the reception
here seemed to affect the President, and
when, at the luncheon of the Business
Mems league late in the afternoon, Pres
dent Walker Hill praised him amid deaf
ening applause for his appointments Of
Messrs. Lurton and Hughes to the SUI
preme court bench, Mr.. Taft launched
into a vigorous speech, in which he paid
his respects to Mr.. Bryan for his report
ed criticism of Governor Hughes. and de-
cried the cant of the demagogue" and
the disposition of public journals" to
make unjust charges against men in pub
lie life. "All l am appealing for is JUS
tice and a square DEAL said the Presi-
dent. mot especially for myself. for, in
deed, / am in a position where l can get
along better than some of the rest with
out it. But / am appealing for justice in
dealing with all classes
The President declared he held the ap-
pointment of men to the supreme court
ha nf duties.
His speech aroused the business men to
a high pitch of enthusiasm
Inspired by Applause
Mr.. Taft had intended to say only
word or two. but the cheers of his hear
ers seemed to inspire him to go on.
The constitution of the United States"
said the President, was made by this
people of the United States. and we have
a popular and representative government,
| but the people who framed the constitu-
ton realized that in order to secure the
best government, they must impose limi-
tetions unto themselves so that the result
| tant views of the majority should be en-
bodied In law and in national policies
| through certain Observation-Disclosures thar
would impose distractions to sudden emo
tional movements of the people that We're
not taken with the deliberation necessary
to secure wisdom and that ought to be
delayed and held up until they could pass
under the observation. not only of Philip
Drunk. but of Philip Sober
"And so 1t was that In the division
of power. they created legislative
bench and executive bench. and Ju-
dicial bench, and in that constitution
they gave to the supreme court and
the subordinate tribunals to be estab-
lished by Congress, certain powers.
which, interpreted by Marshal and
those who followed him, make that
court unique in the tribunals of the
orld That court was constituted To
preserve the rights of the people and
the rights of the individual against the
people themselves whenever, In the
heat of emotion or temporary aberra-
ton, they enacted measures that de-
prived the individual of his just rights
under the constitution.
Supreme Court Sacred
Hence it is that to me. lawyer,
the supreme court of the United States
is the most sacred thing that we have
in this government and that the ap-
pointment of men to that bench Is
the highest and most sacred function
that the executive has to perform. 1
am not exalting the judiciary above
the legislative or the executive
branches. or saying that the judicial
has any more power than the execu-
tive when the executive is within his
functions or when the legislative is
within its functions. for the suprerae
court has laid down plainly the i.T-
itations.
I'm the construction of certain stat
utes the executive is uncontrolled by
the supreme court or the legislature.
Within it's functions. as defined by the
constitution, tire legislature has entire
discretion, but when it comes to say
whether either of the other branches
has passed beyond its limitations it
is the supreme court that ultimately
must be the deciding tribunal If that
question can be presented In litigated
form to that tribunal, for the SUI
preme court is not constituted TO give
opinions on moot cases or prepared
cases to tie other branches of the gov
ernment The case must arise in actual
litigation between parties so that in
the determination of the rights of the
parties the court shall show what is
law and whether the limitations of the
various branches of the government.
Now, I do not like to be invidious
in my remarks. or to quote what may
have been a misquotation. but I did
nent on the ground, as j understand 1t,
that the appointee was not an lmplac-
able foe of wealth or corporations. J
tn ink perhaps that criticism has been
misunderstood and that the utterer OF
it did not intend to give 1t the mean
ing that thus stated 1t seems to have.
II believe that all democrats and re-
publicans and republican insurgents
who are patriotic citizens and we all
are that are in favor of having unon
the bench men who are foes Of nothing
but what is wrong and are III favor
of equal justice to everyone, VIII neither
that be an organization of men do
ing business under the law and using
the instrumentality or be the humblest
citizen struggling with his hands to
earn a living for his family.
II do not mean to say that men by
their habits of life may not acquire a
bent or prejudice in one direction or
another. and that IL is not wise to Sc
lcct for the highest tribunal men who
have no such a bent and who have not
in their make-up the danger of prejudice
to one interest or against another. But
do mean to say that there is in the