The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-09-23
NV dear Maria" has also come back.
co,one, Roosevelt and the Supreme Court

Colonel Roosevelt and the Supreme Court
The contention made by Colonel RooseVeit III ms
recent speech that has the right TO criucse the
decisions the supreme court of the United states
Is of perfectly correct If the colonel, VINO
is not a lawyer. and who at least is not known to
made any profound study OF Jurlsprodehce'
sions reached by Judges who have spent lifetime
,hosa decieons No hubble ofncial under our system
of government under the government of
Britain, except possibly the King IN the latter
co,ntry who is not real governor at all. is above
criticism. Criticism when applied the decisions
the however, viii carry more or less weight
according whether the critic evinces SUFFICIENT
knowledge what he is talking about to entitIe his
opinion weight At any rate this Is a free coun-
try and he has right to critcise II he wants to-
and no American judge, State Federal SO far as
we informed has ever claimed exemption from
criticism. If the criticism is uninteligent or
unjust will do the judge harm. II 1t is sound
criticism. it do him good. In any event the
right to criticise should be preserved ana oouotess
will preserved, long institutions last The
only thing to remember is that foolish criticism
( hurts the critic.
But Mr.. Roosevelt is very much mistaken if he
thinks that it is the mere fact that he has criticised
the decisions OF the supreme court that mas caused
much uneasness in the minds of the American
the fact that Mr.. Roosevelt in his speech manests
a failure realize what the true function OF
that has right to make laws and 10 change
them according to its own views OF the needs or
court legislative body If the court had right
do a thing like that there would be no need to
be abolished. and there would be end TO repre-
sentative government at
policy, If adopted would make the supreme court a
! totally irresponsible legislative body. without any
check upon Its law-making power except the judg-
ment of the particular judges who happened to
occupy the bench, to what best for the pub
lie needs o the moment, for the time being. and
who would not be under any obligation to be gov
erned by the s laid down by the itself
in previous decisions. Then ineed would the judges
of the court he clothed with absolutely des-
potic power.
II may be that Colonel Roosevelt does not realize
what doing but 1t is the counsel of despotism.
He plainly intimates in his Osawatome speech that
because decisions OF the supreme court, In
case and the so-calied "bakeshop' case. in
accord with what he thinks the public needs
cisions in order to make the law suit the public
needs of the moment, he them
IL is a mistake TO speak OF this attitude OF Nj
| Roosevelt being attack upon the courts; it is
not an attack upon the courts but attack upon the
whole theory OF constitutional government in this
country.
utterances no seeks to exonerate himself by citing
the example of Abraham Lincoln quoting from
speech made by Mr.. Lincoln during the intensely
exciting period just prior TO the Civil War in which
Mr. Lincoln speaking behalf of his party acknow-
edged they going to reversal of
the decision of the supreme court in the bred Scott
case, ii they could. Mr. Lincoln did suggest any
OF attempting TO that reversal by changing
the personnel of the court~in other words, packing
it, 1t may Colonel Roosevelt pause and
reflect a moment when he remembers that Ii was
the fear that Mr.. Lincoln and his psrty did intend
To do that thing that they did intend to accent
the Judgment of the supreme court as final on any
question which they different from that as
to what was best for the interests of the country
which than anything els. drove the Gulf
into secession and resulted in Civil War.
Mr. Lincoln said many wise things in his time but
he was human and liable like other mortaIs
and il does not follow because he said many wise
things that he may moi, like other mortas have
casonaly made a mistake,
Colonel Roosevelt, would do well ponder this
mattec little ADMINISTRATIONS Sun.