The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-17
IN SELF DEFENSE
Col. Roosevelt Explains Criti-
cism of Supreme Court.
He Followed the Example Set by
Lincoln and Taft.
ANOTHER PRECEDENT
Is That Set by the Dissenting
Judges Themselves.
Points Out What the Nation
Owes to the President.
ANOTHER PRECEDENT

Syracuse. N. Y, Sept. 17.-Theodoro
Roosevelt returned to the defense of
his new nationalism today, as was
specifically indicted in the title of his
address at the state fair here-"The
new nationalism and the old morality"
THE new nationalism,'' he reiterated,
means nothing but an application to
new conditions of certain old and
fundamental moralities. 1t means an
invitation to meet the new problems of
the present day in precisely the spirit
in whic' Lincoln and the men Of his
day met their new problems
To his critics. he put this issue: 'Is
any party willing to take the other side
of the propositions of which complaint
is made?
'Tf so, it would be a good thing to
have the issue before the people, for in
the end the people would most GER
tainly decide in favor of the principles
embodied in the new nationalism, be-
cause otherwise this country could
not continue to be true republic,
, true democracy"
The speaker followed with justifi-
cation of his attacks on the supreme
court of the United States. He chose
two arguments-one, that in his criti-
cisms he had merely echoed the mi
nority opinions of the court itself, the
other that he had illustrious precedent:
namely-the example Of Abraham Lin
coin, who, he said, had been far more
outspoken than he himself had ever
been, and the example of President
Taft, from whose utterances Is years
ago in favor of public criticism of the
courts he quoted
Take, for instance" he continued.
what I said in reference to late de-
cisions of the supreme court. One de-
fy1 ha KniChf
which, according to the dissenting
opinion of Justice Harlan, the court
placed the public, 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
IT merely took the view which the
learned justice had taken in his dis
senting opinion. Those who criticize
me are also criticizing a justice of the
supreme court, Mr.. Harlan. SO my
critics take the position that the peo-
ple shall not be able to control the aC-
tivities and management of these great
monopolist corporations doing an in
terstate business? If so, let them
frankly avow their position If not, let
them cease their criticism"
The Bake Shops Case.
The other case mentioned was one
hours of work in bake shops; and,
again, the speaker said, he had based
HIS criticism on a dissenting opinion
within the court itself.
s'Fifty-three years ago." he contin-
ned, Abraham Lincoln was assailed
for his repeated criticisms of the su-
preme court in the Dred Scott case. AS
regards this decision, he announced,
not once, but again and again, that ne
held II to be not merely the right but
the duty of citizens who felt that judi
cial decisions were erroneous and dam
aging Loyalty to abide by the decisions
as long as they stood, but to try hard
to secure their reversal; his language
one occasion being as eollows:
1--WE do not propose to disturb the
rights Of property thus settled we
propose by so resisting the decision as
TO have it reversed 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
than it would be proper to use about
the decisions with which I now deal.
But his view as to his right and duty
to call attention to an erropeous dec1-
sion which vitality affected the rights OF
the people was, 1 think, entirely sound.
At any rate, If I have erred in COM
menting as 1 have commented upon
the decisions in question. err in COM
pany with Abraham Lincoln. The criti-
cism of me is perhaps we'll summed up
in the following speech of an eminent
public man.
Was Said of Lincoln.
"'IIe makes war on the decisions of
the supreme court I wish to say to
YOU fellow citizens that have no war
to make on that decision or any other
ever rendered by the supreme court. I
am content to take that decision as it
stands, delivered by the highest judi
cia1 tribunal on earth, a tribunal es-
tablished by the constitution of the
United States for that purpose and
hence that decision becomes the law
of the land, binding on you, on me and
on every other good citizen, whether
we like It or not. Hence, 1 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 Theodore Roose-
velt.'
Now. gentlemen, have made one
change in the above quotation. The
last words were not Theodore Roose-
velt' the last words were Abraham
Lincoln and this attack, made nearly
SO years ago against Abe Lincoln, is
precisely and exactly the kind of at
tack made on me at the moment. Abe
T, Lincoln felt and protested throughout
his life the same profound respect for
the supreme court that of course.
feel and that I have again and again
in public speeches and messages as
president of the United States, ex-
pressed. An upright judge is a higher
and better public servant than any
other man can possibly me, and it is
a cause of pride to every American
citizen that our supreme court is the
most influential tribunal in the entire
world. 1 have quoted Abe Lincoln; let
me quote him again:
We believe in obedience to and
respect for the judicial department OF
our government. We think its decisions