The citizen. (Frederick City, Md.) 1895-1923, 1910-08-05
Government of Law or of Men.

Government of Law or of Men.
''If we have outgrown the institutions
which have made us the greatest people
on earth, let us change them by direct,
rather than by indirect, means If our
Constitution is too rigid and the restraints
upon the legislative power are too great,
let us amend the Constitution"
Continued applause greeted this state
ment by Justice Howard G.. Lurton, of
the Supreme Court of the United States.
who was the guest of honor of the Mary.
land and Virginia State Bar Associations,
and delivered the joint annual address at
the final session of the two bar associa-
tons in convention at Homestead Hotel.
Judge Lurton spoke of the decay of the
respect for the limitations imposed by our
| fundamental law and of the yearning for
government of men rather than a gov
eminent Of laws.
The theory" he said, that the law is
only means to an end is true. But who
is TO alter, modify or annul constitutions
ally valid law? The executive, who has
no function but to execute the law as he
finds it? The judge, who has no law
making power, and whose single duty is
to apply the law as he finds it to an exist
ing case? Neither as constitution nor a
statute is to be treated by either the
executive or the judiciary as if it were a
nose of wax, TO be twisted and modelled
according TO the fancy of the OCCASION
"lf the press shall continue, as large
proportion does, TO teach that laws and
constitutions must be disregarded or
twisted or md0ified, so that they shall
not stand in the way of what may seem
to be desirable public end, there may
come time when we shall substitute a
government by the Judge for the present
form, by which the powers are divided
between separate great departments
An important rule OF constitutional
construction is that Legislation shall not
be annulled for antagonism 10 the organic
law unless its unvalidity is clear. This
has its genesis, first in a proper respect
for the legislature. and second upon an
assumption that the legislator himself has
acted under the obligation of the same
oath which forbids his assent TO any law
which contravenes the Consultation.
The forces which from opposite poles
are endeavorng to break down the re-
straintS which safeguard us against the
despotic power of an uncomfortable legis-
lature are not the progressive, but the
reuogresslve element of our people The
mlghteSt advance against despotism was
made when our fathers devised and put
into operation government of law for
government of men. We read in Holy
Writ of one of the prophets who in his
despair, went a days journey into the
wilderness and laid himself under iuni-
per tree and prayed: Now, o Lord take
away my life, for | am not better than my
fathers
Let us rather rejoice that IN standing
by the institutions which have for more
than century made us the most law
abiding people of the earth, that we are
walking in the footsteps of our fathers,
when we maintain in letter and spirit that
division OF the great functions OF govern
ment which the men of Massachusetts.
the men of Virginia and the men Of
MARYLAND declared with Montesquieu to
be the best security for government Of
laws and the only safeguard against
return 10 government OF men