Los Angeles herald., 1910-09-18
7. R. INVADES THE
ENEMY COUNTRY
Defends New NationaIism and
Explains Criticism of Su-
preme Court
CITES DECISION OF TAFT
CommendS Some Administration
Acts but Does Not IndorSe
1t as a Whole
CONTINUED from Page Onel
ago in favor of public criticism of the
courts he quoted.

CONTINUED from Page Onel
ago in favor of public criticism of the
courts he quoted.
EXPLAINS CRITICISM
"Take for instance" he continued,
what 1 said in reference to late de-
cisions of the supreme court. One de-
cision was in the Knight sugar case,
in which, according to the dissenting
opinion of Justice Harlan, the court
placed the publi1, so far as national
power is concerned (the only power
which 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 another state.
81 merely took the view which the
learned Justice had taken in his dis
senting opinion. Those who criticise
me are also criticising a justice OF the
supreme court Mr. Harlan. Do my
critics take the position that the
people shall not be able to control the
activities and management of these
great monopolistic corporations dolne
an interstate business? If so, let them
frankly avow their position. II not,
let them cease their criticism"
The other case mentioned was one
prohibiting New York state to regulate
hours of work in bake shops, ana
again the speaker said he had based
his criticism on a dissenting opinion
within the court itself.
LINCOLN AsSAILED
"Fifty-three years ago." he con-
tinued, abraham Lincoln was assailed
for his repeated criticisms of the
supreme court in the 'Dred Scott case.
AS regards this decision" he an
nounced, mot once, but again and
again, he held it to be not merely the
right, but the duty, of citizens who
felt that judicial decisions were er-
roneous and damaging Loyalty to abide
by the decisions as long as they stood,
but to try hard to secure their reversal,
his language on one occasion being as
follows:
1--WE do not propose to disturb the
rights of property thus settled. we
propose so resisting the decision as TO
have the question reopened If we can
and a new judicial rule established
upon the subject
"He repeated this statement in
slightly differing language in speech
after speech Moreover, he used very
strong language about the decision
far stronger than I dream of using, or
that II would be proper to use about
But his view as to his right and duty
to call attention to an erroneous de-
cision which vitally affected the rights
of the people was, I think, entirely
sound. If / have erred in comment
iLs as have commented upon the de-
cisions in question, I err In company
with Abraham Lincoln.
SUMS UP CRITICISM
'The criticism of me is perhaps well
summed up in the following speech of
an eminent public man:
"'He makes war on the decisions OF
the supreme court
"T 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 10
take that decision as it stands deliv-
cred by the highest tribunal on earth,
a tribunal established by the consti-
tuition of the United States for that
purpose and hence that decision be-
comes the law of the land, binding on
YOU. on me and on every other good
citizen, whether he like it or not.
Hence / do not choose to go into an
argument to prove before this audience
whether or not he (the chief justice)
understood the law better than Theo-
dore Roosevelt.
Now, gentlemen, I have made one
change
last words were not Theodore Roose-
velt.' The last words were Abraham
Lincoln and this attack made nearly
fifty-three years ago against Abraham
Lincoln is precisely and exactly the
kind of attack made upon me at the
moment. Abraham Lincoln felt and
professed throughout his life the same
profound respect for the supreme court
that OF course I feel, and that / have
on1 o0ain in nIlhIic- gDneCleS
and messages as president of the
United States, expressed An upright
fudge is a 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 entire world. / have
quoted Abraham Lincoln; let me quote
him again.
LINCOLN's WORDS
we believe in obedience and re-
the government We think its de-
cisions on constitutional questions
when fully settled, shall control
'I agree absolutely with this sentence
of Abraham Lincoln, not the less be-
cause 1 also believe in what Lincoln
said Immediately afterward:
"'But we think thiF decision enron
eOuS ana we Snall 40 WlldL we Can ~
have it overruled.'
"Nor do 1 have to go only to the
, statements of the past for precedents
The president of the United States
Mr. Taft, has served his country hon
orably and uprightly in many position:
-as Judge, as governor of the Philip
pines, as secretary of war and now as
president-for to him and the congress
acting with him we owe the creation
of a tariff commission; the adoption o.
maximum and minimum tariff law
treaties with foreign powers; the prop
er treatment of the Philippines under
the tariff; the Increase in the efficiency
of the interstate commerce law; the
beginning of a national legislative pro
gram providing for the exercise of the
taxing power in connection with cor
porations doing an interstate business
a postal savings bank bill; the consti'
tuition of a commission to report
remedy for overcapitalization in con.
nection with the issue of stocks anc
bonds; but few of his services are
more deserving of record than what ht
said in this matter of criticism of the
judiciary.
LINCOLN QUOTED
speaking as a United States circui
Judge fifteen years ago, he said: ''The
opportunity freely and publicly Il
..iAfofoa 5udinia1 aNffon 10 Of vastly