The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-09-18
ROOSEVELT ISSUES BOLD
CHALLENGE TO OPPONENTS
CONTINUED FROM PAGE ~

CONTINUED FROM PAGE J.)
of the United tSates He chose two argyll
ments-one, that In his criticisms he had
echoed the minority opinions of the court
Itself, the other that he had illustrious
precedent, namely, the example of Abra-
ham Lincoln. who, he said, had been far
more outspoken than he himself had ever
been, and the example of President Taft
from whose utterances Is years ago In
favor of public criticism of the courts he
quoted.
Take for instance" he continued,
what said in reference to two decisions
of the supreme court. One decision was
in the Knight sugar, case in which, ac-
cording to the dissenting opinion of JUS
tice Harlan, the judgment of the court
placed the public so far as national
power is concerned dhe only power that
could be effective) entirely at the mercy
of the combinations which arbitrarily
control the prices of articles purchased
to be transported from one state into an
other state
81 merely took the view which the
learned justice had taken in his dissent
ing opinion. Those who criticise me are
also criticising justice of the supreme
court, Mr.. Harlan. Did my critics take
the position that the people shall not be
able to control the activities and manage
ment of these monopolist corporations
doing an Interstate business? II so, let
them frankly avow their position. If not,
let them cease their criticisms"
The other case mentioned, was one pro-
hibiting New York state to regulate hours
of work in bakeshops, and gain. the
| speaker said he had based his criticism
on a dissenting opinion within the court
| itself.
Lincoln's Criticism
"Fifty-three years ago." he continued,
Abraham Lincoln was assailed for his
repeated criticisms of the supreme court
| in the bred Scott case. AS regards this
| decision he announced, not once. but
| again, that he held 1t to be not merely
| the right but the duty of citizens who
| felt that judicial decisions were erroneous
and damaging, Loyalty to abide by the
| decisions as long as they stood, but to
try hard to secure their reversal; his Ian
guage on one occasion. being as fol-
| lows:
| 1--WE do not propose, to disturb the
rights of property thus settled. We pro-
| pose so resisting the decision as to have
| it reversed II we can, and new judi
cial rule established upon the subject
His view as TO his right and duty to
call attention to an erroneous decision
which vitality affected the rights Of the
| people WAS, l1lilhb culllCiy couhu' L HC
criticisms of me are perhaps pretty we'll
summed up In the sentence in speech
by an eminent public man:
"'He makes war on the decisions of
the supreme court
II wish to say to you, fellow citizens,
that / have no war to make on that de-
cision or any other ever rendered by the
supreme court. I am content 20 take that
| decision as it stands delivered by the
1. TIT hca nj a q
| established by the constitution Of the
United States for that purpose, and hence
| that decision becomes the law of the
| land, binding on you on me and on every
| other good citizens whether we like 1t or
| not Hence, I do not choose to go into
! any argument to prove before this aud
| fence whether or not he (the chief JUS
| tice) understood the law better than
Theodore Roosevelt. Abraham Lincoln
| felt and professed throughout his life
the same profound respect for the SUI
preme court that, of course, l feel and
that l have again and again in public
| speeches and messages, as President OF
the United States, expressed. An upright
Judge is higher and better public SER
want than any other man can possibly
| be. and it Is cause of pride to every
American citizen that our supreme court
| is the most influential judicial tribunal
| in the world.
Expression BY Taft
| Nor do | have to go only to the state
ment of the past for precedent. The
| President of the United States. Mr. Taft,
has served his country honorably and up
rightly in many positions-as judge as
governor of the Philippines. as Secretary
of War and now as President-for, him
and the Congress acting with him we owe
| the creation of a tariff commission; the
addition Of maximum and minimum tariff