The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-07-29
Justice Lurton Warns
Against Tendency to
Depart From Statutes.
COURTS WITHOUT
POWER OF SWORD
They Constitute Balance Wheel
in American Governmental sys-
TEN Retrogressive E1e-
ments Endeavor to Break
Down Restraints-Points
Out Safeguard.
ny R1oN McKIssIcK.

ny RION McKISsICk.
Hot Springs, Va, July 2s.-Accorded
the rising vote OF both the associa-
tons OF Maryland and Virginia, Justice
Horace H. Lurton, OF the United States
Supreme Court. to-day spoke before
the Joint associations on the topic
Which Shall 1t Be. Government Of
Law, or Government of Menu
rs there not a growing disposition
said Justice Lurton ito disregard the
limitations which we have placed up
on those in authority, and tendency
to applaud the doing OF things which
we wish done. regardless of whether
lawful or unlawful? If one, power
does things which displease us. We
are swift to inquire into his authority,
but is that so IL the thing done meets
with our approval?"
The proposition, ably defended by
Justice Lurton. was that the Supreme
Court was not a Legislative body, that
It's functions are interpretive, and that
the government will be best operated
by proper regard for the equality
and independence of the legislative, ex-
ecutive and judicial departments. He
Is of the opinion that the great influx
of immigrants is responsible for much
of the popular dissatisfaction with the
law.
Destructive Contention.
Justice Lurton said in part:
The contention that the obligation
OF a Constitution is to be disregarded
If It stands in the way Of that which
is deemed OF public advantage, OF
that a valid law under the ~Constitu-
rion is to be interpreted or modified
30 as to accomplish that which the ex.
ecutive administering 1t. or q court
called upon to enforce 1t, shall deem
to be the public advantage, is de-
srructiye OF the whole theory upon
which our American Comuonwealths
have been founded, to say nothing of
the constitutional relation Eof the
Union and the States to each other.
But of late, with the great influx OF
an enormous mass of immigrants, ur-
accustomed to democratic government,
and wholly unfamiliar with the Amer
ican constitutional Idea, there has
been a great increase in the number
of those voters who object to any re-
straint upon the will of the majority.
as voiced in either Congress or the
state legislative assemblies, and.
therefore, consider this power to an
null a law as the usurpation OF the
legislative authority.
.There is no deposit of unlimited
power in any government organized
under the American system of constr
tutional governments. That this func-
tion should not be understood by the
millions who have come among us.
from lands where constitutional limi-
tations are either unknown or are un-
enforceable for lack of any definite
means of compelling obedience. and
= leo nf
legislative power, is not strange. The
function of Judge does not include
any alteration. modification or amend
ment of any authoritative enactment
of the legislative body, and a Judge
NAV not explain it away If lie hap
pens to think it bad or unwise law.
Thus construed, the statement is
sound, and is the accepted rule laid
down with little or no variation by
our courts. national and State. If we
have outgrown the institutions which
have made up the greatest people of
the earth. let us change them by di-
rect rather than by indirect means
If our constitution is too rigid. and
the restraints upon the legislative
power too great, let us amend the
Constitution.
The theory that the law is only
means to an end is truth, but who is
to alter. modify or annul a constitu-
+innally valid law. the executive. who
has no function but to execute the law
as he finds 1t. or the Judge, who has
no law-making power, and whose
single duty is to apply the law as he
finds IT to an existing case. The best
means OF securing the act or repeal
OF a bad law is to enforce It,, Any
such contention is totally subversiye
- fy,o ~ ir,,
Willingness to accept a government OF
men, rather than q government OF
laws, Neither constitution nor
statute is to be treated by either the
executive or the judiciary. as IL II
We're "a nose of wax to be twisted
and nodded according to the fancy of
the occasion. 1t is against this most
dangerous notion of judicial power
that most earnestly protest.
Courts Are balance Wheel.
"The courts possess neither tho
power Of taxation nor that or the
sword They are dependent upon the
legislative mower for their existence,
and upon the executive for the force
ineedful to enforce their judgments
Set in the place of an arbiter between
the branches, among which the func-
.tions of government have been par
celed, they constitute the balance
wheel in our unique and splendid gov
ernmental system.
"They are the guardians of the fun
damental law which conducts and
controls the otherwise uncomfortable
LEGISLATURE
THE forces which, from opposite
poles. are endeavorips to break down
the restraints 1shich safeguard us
against the desnotic power of an ,n-
controllable Legislature:t are not the
progressive. but the retrogresslve ele-
ament of our people. atfp
"The mightiest advance against des-
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