The sun., 1910-10-27
Mr. Roo.cveIt and the Court.

Tn" statement that Nlr ROOSEVELT
on N" OCCASION Of his recent yisI' 20
Ird.auapolS took occasion 20 refer 20
n Circuit Judge Of the u,'"i States a.
a rrook and a iarkass I~ not lItoge' her
irrr"d,b b" remembering hl- previous
con'smvtuoUs references 20 IA" bench
As tho statement saern~ 20 b.. tort frd
~ n number of Impair al witnesses i'
can reasonably bn accepted a. true IN
view Of Mr ROOSEVELT express refusal
10 d.sclaim m" o'"n-Iy" statement
American history can b" searched IN
vain for auv parallel 70 Mr. ROOSEVELT :
continuous and n times gratuitous in
sr.'s 10 the courts JFFFERSoN defed
tho subpuna Of Chief Justice MARSHALL.
hu' he did 40 upon gray" constitutional
grounds which hav" been Ius'If"d hy
some 81 the best students OF our con-
su'urlonal history
JACKSON also on one occasion refused
70 accep, the authority Il the Courts.
and on a later occasion refused 10 ap-
Iruyc = hill 10 rsrhartar the | nl'ei
States Bank. "n the ground that such
charter was unconstitutional although
the ~uurem" Court had affirmed the
Federal power 10 create such bank
Her" lgan was a clash between the
es"'!t.ye and the judicial department
of Government. bat ~ Wa marked on
bn'u -.ir~ bv Ign.tv and ~obrietv. and
H- JA'F~ON had the UnVu'--tiuncd power
O. withhold his approval of the bill for
any reason satisfactory - the Executive.
L : fairly open - question whether a
veto If ~" new charter Wa not within
his power. even though ba-"i upon
constitutional objections which the Sv-
pr"Te court had adIudged uut.uibl..
IN the mo" adjustment II governmental
I"Tcr~ between the thr"" departTnen ntS
IF Government. conflicts Of authority
must arse from time - time and b.
determined finally ~ the Nuprem"
court II the nIted State but on none
"f m" uc"asIpn~ Notwithstanding m
IN" ln-'anc" the personal enmltv be
tween THOMAS JEFFFEsoN and ChI-f
.iu-tIcs MARSHALL. were terms used by|
either Of the great contestants which
brought etth"r th" executive uiiic" pr
th" courts INTO public dl-rrpu'"
Mr.. EOOSEvFLTS attltyd" = alto
Geth"- different from that Il hi dis
tIngII-h"d Ir~d"'e 'e~-pr- His attitude
toward m" Judicial department ~ w.
Government has not arisen from anv
pretended conflict of power. but from a
conflict of opinion IN which MIR ROO-F-
WELT has refused 20 accept the view Il
that depTtmen' If tho Government -
which admittedly tho DECISION of 'h.
particular question has b.-an under 'h"
Constitution entrusted Moreover hi
differenc~s Of opinion hav" rarely been
stated with either moderation ~ spbr.-
sty, but, on the contrary. his general
tone toward tho banch has been one Df
studied insplence and deliberate insult
He commenced hiS Administration with
the assumption that anv .tudg" whom h..
appointed must forthwith reflect d..
views. and when Justrc" HOLMES felt
constrained 20 dissent from the majority
~ IN" Suprem" COrIr' IN - decision m
'hs Northern Securities case. the Pre-
dent. 10 show his displeasure. struck hr-
name from the list II the White HON.
g,ie$ts and attempted 10 p-tra"iI. him
socially. until Mr. ROOsFyFLT. wiser
friends show cd him the ind,. cn,v of his
course. Since then Mr. ROOSEyFIT ha.
boon cre'iIb.y reported a. referring ~
The member Of thar .pur' a.. stiff
rocked old fogl"- and biz d"Irbarat.
r"f"r"n' - =" u. ~ hi Western -p"crh"-
a. "fDSsilized could b" regarded only
dis a "ontemptu"rI- reflection upon rh"
mental prD'es-''- Of IN" Judge. and