The sun., 1910-10-27
THR SCoI RGE or TIE JUDI
CIiRI.
RsSseveIt's AtaeLs sn the Courts the Ne
glnnlnE oT Political DewoIItIoa.

nooaevelt's ATTACKS an the Courts the Ne
glnninE OT Political DemolHlea.
10 rHE EDrroR oT THE sUS SV Lest
nv views in the follouinS letter might he
ascrib~d 10 Democratic preiudices. I may
state that am lifelong Republican.
having voted for rre.idents Hayes. Garfield.
Harrison. Mckinley and Taft and for Mr
Blan AgalnS President cleveland. and
having my@-li received in lsos he Rspubl-
can nom nation for Attorney General Of
Maryland
Daniel Webster declared that the CON
tsst NJ tho ages has been - rescue liberty
from the grasp of executive power But
Mr. Theodore Roosevelt holds that the
Executive is the special cham pon Of human
freedom, eIAltinE he executive depa rtment
above the coordinate branches Of the
] Government Thu. he lid no, hesitate
when Pres dent 10 critlcise Judge Humphrey
Officially for judicial ruling in the ordinary
course % = criminal prosecution In Chicago
I OF which the court had exclusive Iurisdic-
: ton and where no constitutional question
vas involved. The President recon msnded
a change In the statute. as he had a right
TO do. But It VAS fragrant breach Of
decorum for him to criticiss the Judge IN q
special message to Congress and the criu-
cism was moreover. grAveiy disloval to
the spirit OF the Constitution OF the United
states. because II vas IN open transgression
n the paramount rule Of government which
draws lins OF sharp deIimitAtion betw cen
! judicial and executive functions
! And in 1919. when NJ Roosevelt retired
from the White Hops~. he published IN the
outlook a reaentful attack on the Court Of
Appeals of New York for tho unanimous
Judgment in the Paul case. rendered Ianu-
AIRY Is. lss,. whereby the court had declared
the title % an Scr 81 The Legislature TO be
fraud and deception uT'on the public and
the Law unconstitutional
Even nov in tho heat Of q political cam
pAign Mr. Roosevelt displays his diHeEArd
for our highest tribunal becau-e IN I9oS II
held IN the Iochner cas- that the New York
statute regulating hours Of labor in baksr-
IS was void. tho court hndinE no easonahle
ground for holding the Regulation 20 he
necessary or appropriate as a health Law
II 10 useless 70 multiply examples Of Mr.
Roo~eVelts constant d-parasement Of the
courts % Justice He undermines con-
fdence IN 'hem. destroying public respect
for their Jgst weight and influence lie
violates tho vital principle Of our Govern
ments. state and national. IN. independence
Of the Judiciary The injury wrought by
his hostile and Incorporate rebukes 4. new.
tably intensified by the prestige OF tho ct
slted ONCE with which his name IL as.o-
ciatsd
II 10 not material that the logic Of ths
above opinions seems persuasive The
critic. having IN his Own mind prede,er-
mined the cases will no, accep, the re.uIt
when ultimate legal authority ha. pro.
nounced to the contrary Of his predeter-
mination
Passing over the inaccuracies and mis-
conceptions in Mr. Roosevelt treatment Of
such subjects, and concedinE the right OF
private criticism of judicial action after
litigation - terminated. there IL no Justi-
ncation for the Presidential attack on
Judge Humphrey Nor can the abstract
ught oi private criticism countervaiI the !
Improperly and htility Of Mr Roo.evers
course in scoring the decision in the Paul I
case tWenty-nve Years after the event. nor
Vet atone for his ~ advised met DDS toward
courts IN general and the Federal Supreme /
Court In particular
sowing The seeds ~ iII founded distrlst
Of the adm nstra'ion Of the Law Mr. Roo.e-
yslt has begun the work ~ our political
demolition. IL wil he complete when h.
has taught the majority Of Americans to |
adopt his creed and hrs peculiar manner
toward the judiciary Constitutional de-
mooracy wIll perish when he Ia. incuI.
Gated in the nation his utter want Of defer.
enoe for Juridical procedure and legal
judgments Anarchy or monarchy will
then prevail in place Of democracy. Will
individual liberty he more secure than
n he courts are di~estsblished or II a die
ttor. himself The state. can coerce com
pia -ani Judges to ha own Interpretation
~ the laE. his mind frmly resolved in ad.
van'e On conviction Of those who diner
from him' How long shall We thereafter
swat the suspension Of the writ Of habels
and corruption ~ blood
Constderat ions which GO 70 IA. root Of
our political eIstenoe must surely he NOR.
potent than regard for party or eIpediency
II the Constitution IL a living truth and men
pf this generation venerats the precsp,s
n the fathers rhe menace IL not remote.
bur immediate II threatens not only the
republic hat every one of the component
Iommonwealths 20 which that republic
'onsti'ution1lly guarantee. republican
Iorm OF government No state in the Inion
ivsth 10 itself alone. Every American Who q
= loyal TO the Old Naiionalism and adheres
~ the wisdom Of l7s7 must hop. for the
political overthrow Of q constant a..alisnt
" the court. Of judicature Y
GEosGE wHtTELoCE
R,LrINrhF October 20