New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-10-19
THE SUPREME COURT
The Right to Examine and Crlticise Its
OpiuionS.

| 10 the Editor Of The Tribune
Sir: In view of the virulence Vi INC at.
tacks which have been Inade' anu VIII
doubtless continue TO be MADE upon Coio'
mel Roosevelt by the Democratic PLATFORM
and press and nominees for oIlce' Oh ac-
count Of his recent criticism OF the su-
preme Court OF the United States' IL seems
TO me there should be greater readiHess' al
least on the part of those VINO seeh oiiiS to
he fair. to publicly recognize the Jus'ice OF
the temperate and convincing reply nnane
| by him in the October NUMBER OF Inc
| Outlook
That the subject is a delicate one. 10 De
| treated with reasonable reserve ana eau
| ton, all must admit and yet there "oulo
seem to be no good reason why the A1nerl'
can people Should be debarred from exam
lining and IL necessary criticising at any
time any feature Of the government which
they themselves have established. and GER
tainly there is TO feature more essential
| than that involved in the consideration OF
the relations of the judiciary toward the
vital and pressing problems or the day
Nor should it be forgotten in this connec-
| ton that. Under our system of government
differing from others wherein parliament
nation. are supreme. our Supreme Court
becomes of necessity the final aroiter oil
our destinies in ultimately defining ouI
rights and duties toward each other In
those multifarious social. economical and
political relations wherein legal lore. unin-
| formed by farseeing craftsmanship, Is
! more likely to confuse than to clarity the
principles underlying the concrete problem
presented for solution.
Hence the crucial importance Of selecting
for this controlling position men of broad
and enlightened views. whose knowledge OF
the law is supplemented by the saving
grace OF an all-embracing common sense
| accentuated, if possible. by at least such an
experience in public affairs as will make
plain many things otherwise only seen as
through a glass darkly.
Take. for instance. the now celebrated
so-called bakeshop case. 1t will be remem-
bered that. first and last, there were TWEEN
ty-two judges who sat in judgment upon
thfs case, twelve of whom decided in favor
of the constitutionality of the New York
statute compelling hysienic conditions and
limiting the hours Of labor in an op
pressive and unwhoic=oine occupation. while
ten, becoming involved IN that class OF
legal subtleties which were the delight OF
the schoolnen of old in the domain of the
ology. decided against the COnstitutionality
of the law.
Now, to ask that the American people
shall be suddenly awed into silence in the
expression of their opinion upon the prin.
ciples underlying great sociological ques-
lions like the one above outlined. and un-
der the conditions above described, espe-
cially in the case OF I'VE 20 four decision
would seem TO be requiring altogether toe
much of people "by the grace of Gcd free
and independent" as our own Constitution
puts it.
So strongly does this view of the case
appeal to me that cannot believe that in
its essential features Colonel Roosevelt
criticism has been really condemned by the
great body of his fellow citizens, though
most of them would undoubtedly have
chosen a nlilder and therefore under the
circumstances. more effective adjective in
describing certain judicial attitudes toward
the problems of the day. For. to para.
phrase the old saying Of the writer's of the
songs of the people in a ruder age, may
not our judiciary well exclaim that they
care rot who makes the laws If only they
can interpret them? And, therefore. can il
not be truly said that our august tribunal
of last resort. known as the Supreme Court
of the United States, has of necessity, and
even against its will. in view of the power;
granted to ii under the Constitution. be-
come in practice, though not in theory. ir
the last analysis of it's essential features
the greatest legislative. as well as judicial
body known to history, controlled only by
the conscience and wisdom of it's members
from which there is no appeal? And il
this be true. | submit that in the vast and
ever growing class of essentially non-legal
questions which. under our governmental
system must be submitted for final deter
minatIon to that great tribunal the healthy
influence of an enlightened public opinion
must be felt therein if it is to maintain
that public confidence and respect to which
with the one appalling lapse OF it's Dred
Scott decision, its long and transcendent
career has entitled it to receive at the
hands of its creators.
SAMUEL l.. PARRISH.
southampton. Long Island. Oct 16 1910
DIRECT PRIMARY IN ACTION