Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-21
CRITICISM?
EXPIRES. Roosevelt
Gives Opinion
OF What Judges Should
And Should Not Do
In ''Ihe Conservation Of Woman
hood and Childhood"
Sounds SusplciousIy Like Dr.
fering with President Tail,
Who Openly Mas Said the Judges
Should Be Let Alone.

New York, Oct. 20.-The judiciary o
the United States must be brough
within the control of and is answera
BILE to the well-thought-out judgmen
of the people. in the opinion of Theo
dorc Roosevelt, who spoke, tonight, OF
The Conservation OF Womanhood anC
Childhood before the Civic Forum
This control, in Mr.. RooseVelts Judg-
ment should be exercised more eau
tiously and in different fashion than
the control by the people over the leg
islator and the Executive; but the con-
troll must be there
Control of the judges, Mr., Roosevelt
said, was but half, though by far the
more important part. of program
which should be carried out for the
proper conservation of manhood, We
manhood and childhood. The first hall
of the program, he said, consisted IN
placing upon the statute books of the
nation and the various states, legisla-
ton 10 remedy existing defects. The
ex-Presdent spoke at length Of what
he termed crying abuses connected
with child labor
MIR Roosevelt advocated the enact
ment by Congress into law of the bill
providing for the creation of bureau
To be known as the "Ghtldren's bu-
reau." to gather. classify and distrib-
ute accurate information on all sub
jects relating to the welfare of chill
dren.
And finally, my friends all this is
not enough" MIR. Roosevelt continued
Experience during the past % year;
has shown that the people may be-
aroused to sound and high thinking
and their legislative and executive
officers may show the intention of car
rying out the peoples purpose and yet
that the whole movement for good
may come to raught. and fostering
wrong and injustice be perpetuated be
eauce certain judges. certain courts
are STEPPED in some outworn politica
or social philosophy and totally mis-
apprehended their relations to the PEG
pie and to the public needs.
Il am entirely aware that no matter
how carefully / guard what l have tc
saw. no matter how cautiously and ex-
actly / state the bald facts and truths
that we shall all recognize, yet what
| say will assuredly be misrepresent-
ed by certain people with the deliber-
ate purpose of misleading honest anf
conservative citizens into the belle
that | am advocating something radi
cal and revolutionary and DESTRUCTIVE
of our governmental system, and tina
| am making an attack upon TN
Judges. But feel that it is my highes
duty to speak plainly on this subJec
SO vital to our common welfare.
II have the very highest. regard, tn
highest respect and admiration for tn
Judiciary. AS VI whole, 1 think that GU
judicial officers stand on higher leve
than any other body of public servants
or, for that matter of that of privat
citizens. l believe the courts have rem
dered our people incalculable services.
hold that the attitude of our people to
wards them should be one of apprecia
ton and respects, but not of servlity.
II crticise the decision of judges onl,
by adopting as my own the language use'
about these same decisions by the high
est judges in the land; by, for instance
the present chief justice of the Unlte'
States, Mr.. Justice White, by Mr.. jus
tice Holmes, by that great and uprlgh
servant of the people, the lamented Jus
tiee Harlan, by the supreme court of tn
state of Iowa and the supreme court
the state of Washington. | have neve
taken a position in advance of that take
by Abraham Lincoln.
II most emphatically believe that w
have been wise in giving great power 4
our judges, including this power of jill
/ int tat of ct a tint
whether they conform with the funda
mental law of the land But | also mos
firmly believe that like any other power
this power can be abused and that IL
a power with which the people hav
merely temporarily parted and not on
(which they have permanently alienated
During the last % years the court
here in New York helped, l am sorry t
| say, once or twice by the supreme couI
of the nation, have thrown what have q
times proved well-nigh or altogether in
surmountable obstacles in the path c
needed social reforms.
Il have no doubt that the men maxim
the decisions were upright men of hig
character, but they did as much damag
as the worst legislative body, actuate
10y the NOIsl HlOtlNto, COulu pooSiply no '
done"
Mr. Roosevelt referred to the decision
in the David l.. Williams case in in
and the Knsely VS.. Pratt litigation. b
the supreme court. The first decision, /
said, made the 7. M. closing hour o
the statute books since 1888, non-enfor'
able and in effect forced women worker
TO toll unlimited hours. Decisions in II
workmen's compensation law case and
the so-called bake-shop case were al:
cited as similar instances.
These decisions. Mr.. Roosevelt sal
proved the devotion of upright and wei
meaning judges to a spstem of econom
philosophy not merely outworn, but
b the last degree mischievous.