Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-03-01
Hundred Members and Guests
Dine and Hear Program at
the New Harper.
PROGRAM UNUSUALLY GOOD
Hon. Samuel Alschuler Suggests
Court Approval Before Laws
Become Effective.

pleasure of listening last evening TO
a learned discussion by men of high
rank in an honored profession, of
methods and practice in the
administration of law and justice.
The occasion was the annual banquet
of the bar association held at the ban
quet hall of the New Harper.
Hon. Samuel Alschuler of Aurora, for
mildly criticised judicial procedure for
failing to obey a section of the state
constitution which seems to require
courts to take the initiative in point
ing out constitutional defects in acts
Of the legislature. This provision, he
asserted, is a dead letter and as re-
suit an act is often not found uncon-
stitutional till after it has been in eff
feet for years and has correspondingiy
Influenced human action one way or
another Mr. Alschuler suggested as
"a way out of the difficulty that courts
be required to pass upon the consti-
tutionality Of an act Immediately after
its passage and before it goes into
effect, thereby relieving themselves of
much unnecessary labor and the pub
lie of damage and suspense.
Justice George A Cooke Of A1edo,
member of the state supreme court,
described the methods followed by that
body and explained that its members
perform their duty to the best Of their
ability and under q system that is
vast improvement upon methods in
vogue few years ago.
was Principal Speaker.
Mr.. Alschuler had prepared a
set speech, he being the
principal orator of the evening.
Speaker E. D. Shurtleff of the lower
house of the legislature was unable
to be present because of the necessity
of being at Springfield when the ses-
sions of the house were resumed this
morning, and he sent his regrets. JUS
tice Cooke was not on the original
program and spoke extemporaneously
but delivered an address that was
highly instructive. w. r. Moore OF
Moline, president of the Rock Island
County Bar association, was toast
master, performing the functions in a
graceful and happy manner.
Rev. R. S. Haney of Moline delivered
an invocation before the banquet. The
program following was opened with a
response to the toast "Circumstantial
Evidence" by W. ]. Graham of Aledo
Mr.. Graham asserted that while acting
as prosecuting attorney Of Mercer
county he had marveled often upon
the difficulty OF convicting on circum
stantial evidence. He used to think
something wrong with juries, they
were so 10th to find a defendant guilty
upon this alone Later, however, he
has come to see why it is that men
hesitate to find their fellows guilty
of crime when there still exists a rea
sonable doubt The speaker took a
rap at legislatures for their careless
ness in passing laws for lawyers and
courts to puzzle over and made COM
plimentary allusion to certain
wielder of the big stick.
Subject, s'UnconstitutionaI Reflections"
Mr.. AlschuIer was the next speaker,
his subject being "Some Unconstitu-
t3onal Reflections" and he said, in
part:
Our manner and practice of deal
ing with questions of statutory trans
gressions of the constitution give rise
to much embarrassment and many re-
sulting hardships. Statutes are pass
ed by the legislature, dealing with the
most serious of human affairs-life, /
liberty, domestic relations, reputation, !
for a time, perhaps for
many years, the citizens conform to |
the legislation. Trials are had, men |
are condemned or acquitted, liberty is |
withheld or restored, property rights |
are settled and adjusted, when, 10! |
and behold, someone assumes to dis |
cover that the legislature in some re- |
spect transgressed the constitution, |
and in a given case, involving the par |
ticular matter there at stake, the |
court declares the statute to be I'M
and straightway there
is CONSERVATION abroad in the land. /
Courts are ousted of Jurisdiction,
rights are unsettled, liberty and even
life may be found to have been I'M
lawfully restrained or taken, or other
disastrous consequences ensue. And
what we have seen in the past may
be but an earnest of more serious dis
turbances yet to come.
Doubt Created.
"a recent announcement by our
own supreme court holding unconsti-
tutional statute passed IL years ago
in respect to the parole Of prisoners,
to which statute our penal system has
conformed itself during all these
years has thrown things into much
confusion, and has made lawyers,
judges and officials doubtful of the
of many other stat
ntes, upon which depend in large
measure the proper administration of
Justice and the orderly conduct of our
social system.
IF, in some manner the unconstitu-
tionaltty Of the statute could have
been discovered and authoritatiyeIv