New-York tribune., 1911-04-06
For an men Kill the thiHg they
By ali let this be heard
Tn. coward does IL with 4 Kiss.
The brave man with O sword.

It was used as an illustration of his
speech on Liberty and Law" in which he
gave some hard knocks to those who decry
the courts and tie administration Of jus
tice.
We have come To an age in which there
is protest on every side against the mar
roWness OF the Law" he said This is an
age Of peril some men never pass through
it, but linger in IT, These men are the
moral anarchists OF society. There is a mail
adv that ie like intellectual measles and
this laWless talk is the rash. We must
not drive II in
General Jackson related wartime expert
ences and told. also. OF studies al the law
school. the practice of the law and many
anecdotes II many things. II was obsery-
able when he rose that there was a dis
crepancy between his waistcoat and the
waistbaud If his trousers. but II was not
until he was in the midst of a tale Of the
House of Lords and the selection Of the
title Of King Edward that the general
noticed the widening breach that had added
interest 10 his energetic gesticulation.
1t was at the most exciting moment of
the incident that the general. saying and
the king and sovereign and emperor. made
q hastv grab a bow 70 the gallery. ana
continued. "I have practised before the
moot court Of our university. eXtrcated
Philadelphans from Ludlow Street Jail.
practised before jefferson Market court.
and was admitted 10 practice before the
Supreme Court of tho United States on the
motion Of John q Carlisle. when Roger ..
Tawney was chief Justice.
r.. h.. nine
members OF his class in the law school and
that the instruction was grand-what there
was Of II.
Justice Arthur 5 Tompkins who sits in
tho Ninth Judicial district said that 81 wa
a ereat pleasure Tor a country LAWYER 10 get
the chance to- come to this city OF vice
.T nave never seen any Of the vice my
self" he added. but | am sure n must be
here. because Mayor Gaynor saws So ana
| am sure that If there were any here he
would know IT, And besides, We have
high authority for the statement that some
Judges run around with their heads full OF
vice. ard the same authority SAYS that YOU
have only To- follow them At night 20 find
ont why"
4 hit at the county court house brought
applause from all the Supreme Court JUS
tices present. led by Justice Edward h.
Mccall. the president Of the association.
who was tcas,master.
sTf We had such quarters IN our upstate
districts" said Justice Tomkins. we would
36iourn court from month 70 month and
ron, year 10 year until the sheriff or some
bodv found us q decent place in which 10
hold court
Chief Justice Russell or the Court OF
special Sessions. spoke on the pre-emi-
nepce of the judiciary. and said that In
this country the judiciary occupied much
more exalted place than either the execu-
tive or legislative branches OF the gov
ernrnert. for the judiciary could set aside
the laws as unconstitutional and only the
judiciary in the court OF last resort could
never err.
FINALLY" he continued. the judiciary
has the power of practical legislation. The
vast bulk of our statutes is simply
,arIiamentary restatement OF pre-existing
rules evolved originally through adjudica-
tion The Constitution itself though writ
,en has been steadily developed through
tbe progressive decisions OF the United
States Supreme Court. which have added
now sections In spirit without any literal
extension Of the instrument. and have
eileuced other sections which sti1 hold
,belr place In the body Of the document.
This marvellous function Of judicial legisla-
tion is not a usurpaton by the court but
is simply the exercise Of authority con-
stitutionaly granted.
4 Joint telegram from Senator Root, who
was graduated from the New York Uni
versitv Law school IN the class OF 81. and
from Senator o'Gorman, who was gradu-
regrets AZ being unable 10 be present \
Telegram Of congratulation was sent to
senator OGorman by the alumni associa-