Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-05
TAFT FOR FAIR PLAY
President Denounces Dema-
gogues and Unjust Critics.
HE HAS FLING AT BRYAN
Peerless Leader Taken to Task for
Comments About Hughes.
OPINION OF SUPREME COURT
Exalts in Importance as Preserver
of Constitutional Rights and Au-
thority-On His Way Here.
OPINION OF SUPREME COURT

thority-On His Way Here.
ST. LOUIS, May 5.-President Taft S
five-day trip to the middle west ended
yesterday. and he departed late last night
for Washington. where he is scheduled to
arrive tomorrow morning.
1t remained for ST. Louis to give Mr..
Taft the heartiest demonstration of his
present journey. The city was gayly
decorated, and there were cheering
throngs wherever he went Several times
his automobile was stopped to receive
bouquets of flowers. These Mr. Taft later
sent to st. Luke's Hospital and the Home
for Incurables.
Justice for All Classes.
The warmth of his reception seemed TO
affect the President. and when, at the
luncheon of the Business Mems League,
late in the afternoon, President Walker
Hill praised him. amid deafening APP
plause. for his appointments of Lurton
and Hughes to the Supreme Court bench,
Mr.. Taft launched into vigorous speech
in which he paid his respects to Bryan
for his reported criticism of Coy. Hughes.
and decried the "cant of the demagOgue'
and the disposition of public journals"
public life.
"All am appealing for is justice and
square DEAL said the President, mot
especially for myself for indeed. I am
i'll position where l can get along bet
ter than some OF the rest without it, But
l am appealing for justice in dealing with
all classes
The President declared that he held
the appointment of men to the Supreme
Court bench to be the most sacred of his
duties. Mr.. Taft had intended to say
only II word or two. but the cheers of his
hearers seemed to inspire him to go on.
The Presidents Address.
The President said:
1.-The Constitution of the United States
was made by the people of the United
State, and we have a popular and repre-
sentative government, but the people who
framed the Constitution realized that in
orGsr to secure the best government they
must impose limitations upon themselves
so that the result of the views of the
majority should be embodied in law and
national policies through certain instru-
mentalfties that would impose obstruc-.
tiuns to sudden emotional movements of
the people that were not taken with the
elaboration necessary to secure wisdom
and that ought to be delayed and held up
until they could pass under the observa-
ton not only of Philip drunk but of
Philip sober.
"And so IT was that in the division of
power they created n legislative branch,
an executive branch and judicial
branch, and i'm that Constitution they
gave to the Supreme Court and the sub
ordinate tribunals to be established by
Congress- certain powers which, inter-
preted by Marshall and those who fol-
lowed him, make that court unique in
the tribunals of the world. That court
was constituted to preserve the rights
Of the people and the rights OF individu-
ais against the people themselves Which,
ever in the heat of emotion or tempo
rary alteration they enacted measures
that deprived the individual of his just
rights under the Constitution.
Most Sacred Thing in Government.
Hence II is that to me, lawyer, the
| Supreme Court of the United States is
the most sacred thing that we have in
this government. and that the appoint
| ment of men to that. bench is the highest
| and most sacred function that the execu-
tive has to perform. ! am not exalting
| the judiciary above the legislative or
| the executive branch or saying that
| the judicial has any more power than
| Hhe executive when the executive is
| within his functions, or when the legisla-
tive is within it's functions, for the SUI
| preme Court has laid down plainly the
| limitations.
| I'm the construction of certain statutes
| the executive is uncontrolled by the SUI
| preme Court the legislature. Within
| it's functions, as defined by the COnstitu-
| ton, the legislature has entire discretion,
| but when 1t comes to say whether either
Of the other branches has passed beyond
| it's limitations it is the Supreme Court
| that ultimately must be the deciding
| tribunal, If that question can be pre-
sented In 1itigated form to that tribunal,
for the Supreme Court is not constituted
! to give opinions on moOted cases or pre-
pared cases to the other branches of the
government. The case must arise in liti-
CATION between parties. SO that in the
| termination OF the rights of the parties
the court shall express what is law anu
what are the limitations of the various
branches of the government
Now, I do not like to be invidious in
my remarks. or to quote what may have
been a misquotation. but l did hear or
see criticism OF one appointment
the ground as I understood it, that the
appOintee was not implacable foe of
| wealtll and corporations. I think per-
haps that criticism has been misunder-
stood and that the utterer of it did not
stated, it seems to have.
Men Who Are Foes of Nothing.
Il believe that all. democrats and re.
publicans. republicans and insurgents.
| who are patriotic citizens, and we all are
| that, are in favor of having upon that
bench men who are foes of nothing but
| what is wrong. and are I'm favor of equal
justice to every one. whether that be an
the law and using the instrumentality Of