The sun., 1910-05-05
TAFT ON The LAWS DELAYS
DEFENDS ms IPPOINTWENTS
TO NJ PRENE COI RI.


Of cant and thOse who see only evil and
delay m the courts II the nation, to-day
at a luncheun gwen IN his honor by the
Business Mems League az the Southern
Hotel The Pressdrnts defence of the
Supreme Court and IT his own appoint
n,enis 10 that court was delivered with
emotion
The President had not Intended 10
make a serious address. bat when Presi-
dent Wilson Of the league referred TO the
appointment of Judge Horace Lurton
and Gov Hughes Mr. Taft found a sub
iect that warranted the use of more than
the two minutes he expected to take.
Here Is Mr. Taft's spcsch IN part.
The Constitution of the I nitsd states
vas made nv the peorle NJ the I nited states
and we have a popular and q representative
government. hui the people who framed the
Constitution realized that In order TO secure
the host government they must impose
limitations upon themselves 30 that the
result Of the views of the majority should
be- embodied In law ami IN national policies
through certain instrumentalities that would
Impose obSt tructi ions To sudden emotional
movements Of the people that we're not taken
with the delheratiau necessary to secure
wisdom and that ought 10 hr DELAYED and
held up until they could pass under oh
serVatiOn
80 it was that in the division of power
they created legi-latN" branch, an "N-
ecutiye branch and judicial branch, and
ih that Constitution they gave 10 the Su-
premp court and tho subordinate tribunals
10 be established nv tougre.~ certain powers
which. interpreted by Marshall and those
Nho followed h.Rl make that court unique
in the tribunals ol rh" world
That court ul, constituted to preserve
the right, OF the people and the rights OF the
individuals against the people themselves.
whenever 900 tho heat uf emotion ~ i"W-
porary liberation they enacted measure
that deprived the individual Of hIs Just rIght-
under hr Constitution. hence % b. that f0
me. q lawyer. the ~Ipramr touu ot the
United states u tho most sacred thing th1t
We have 100 th,, Government that the np.
pointmeut ~ men 10 that bench Is the high
est and most sa'rei function thai m" ENe,u-
tive has TO perform.
am not eKalting tho IuiiriaTv above The
leEijativc ~ the executive bran,hes oT
saying that The judicial has any more power
that the Executive when the Executive j.
within hi- functions or when the legislative
kwIthin IT, fInrt ions for The supreme our,
has aid down plainly the limitations
In the construction of certain statutes
the Executive j. uncontrolled by the Su-
preme Court or the LEGISLATURE within
IT, functions. a. defined nv the Constitution
the legislature has entire discretion hut
hen Il comes 10 say whet her either of the
other branches has passed beyond ~ Iimi-
ST ~ H.. AL
mately must be the de- ding tribunal. ii
that question can he presented IN litignted
form to that tribunal. for the supreme Court
b not constituted 10 give opinions on most
oase- or preuared oa-es 90 the other
branche- Of the Government The oass
must arise IN litigation between parties.
% that in the detsrminati ION Of The rights of
the parties the ,ou-' -haH empress Nhat i-
law and what are 'hs limitations of the
various branrhe. ~ the Government
Now ! do not like ro ls u, idiou- 10 my
remarks or 10 quote vhTt may have been q
misuuot4rion. bul did hear oT -ee pritI-
cism Of one appom'meu' ON tho ground
~ : Understood b. that tha lppoinre- Wa
not an impaoab.s to- Of wealth amt ,Ur-
poratiou-
I think perhaps that Uul,l-ru ha, been
Misunderstood and thar tho uttsrer Of lt
did not intend ~ give o. the meaning that
thus stated % seems to have I believe
that We all. Democrats lud H'publisan~.
Republican, and lu-urrrnf- as plirlofir
citizens and ve lIl arc that lra m favor
of having upon thar h.u,u Uru Who ar.
fOes Of nothing r.,f what i- a ruug aud are
In favor of equal Justice 'p every one
whether that be an orgIuIyl' bon Hf men
doing business under fhr I1N and using th.
instrIueu 'llity of @ corporation tp promote
the industries of tho ,uuufr. or ns ls fN.
humble citizen -.rugr..ur uIfu h.. hands
o. earn a living for Boo. li"I.
do not mean fo say rNtf men uv their
habits of % may uU' acquire hon. or %
preiIdicc o. one direction or another and
that " isn wise 20 .-.e.' for the highr-.
tribunal men who have such u bent and Rhu
have IN their makeup the dan ger OF prpIu-
dice 20 one iuterr-r 0r against another. but
] do mean 70 say that there b. in The public
journals and in what may 'all the cant
NJ the demagogues % disposition 10 charge
that kind n bent In favor of corporate
wealth and corporate greed and corporate
monopoly when the.s b. no Justice for the
charge ~ all
This azsum ption of peculiar honesty mani
Tested bv class declaration and the stirring
n he deprecated In our Republic. or else
n will lead to great danger We ought 10
take up the discussion ~ public questions
and discuss their effect with Judicial calm
ness and not havs our minds diverted by
charges NJ prejudice and corrupt motives
] say charges utterly unsupported bv eyi-
dence or aim consideration And an nv
frends. ! have taken up more than two
minutes.
tCries n Go on
M. all am appealing for - Justice ana
= square deal. not especially FOR myself
Indeed am IN position where I can ge'
along better han some ~ ihe rest without
u. but am appealing for justice In dealing
with all classes
said all cIasses ~ course practically
4 ls pretty hard 70 give II 10 our Social
atic friends who are engaged IN decrving
our present institutions ! could furnish
good deal better ground for their COM
plants than ihey give themselves
I have talked about this before. and n
b no new theme with mo I think II they
we're 20 object 10 our administration ~
Justice and tho delays IN 10 arising from
the traditional methods pursued in courts
hy which the man with mo Longest purs.
has the advantage because tho litigation
a drawn nut they would be getting. ~
the children say. pretty warm In reach
inG a subject that Will bear 'uII discussion
and upon vhioh We shall have ~ have
very declded reform
The theory that u Won give tho moor
w0rklngman tho right ~ carry his case
Involving ~. through four rouris 10 ths
supreme Court YOU are securing Tho acme
or human justice is ono thar be-. been ai-
vancad on nnnnv . Legi.LaILNc aunr b. Lnnnr