New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-06
PRAISES TRUST DECISIONS
Sir Frederick Pollock, English
Authority, Speaks to Lawyers.
PUZZLED OVER THE RECALL
Says System Might Be Excellent
Il Party Government Is To
Be Abolished Here.

Tho decisions OF the United States su-
preme Court in the Standard oil and
American Tobacco cases. distinguishing be-
tween reasonable and unreasonable re-
straiIts OF trade, received the Endorsement
last night OF Sir Frederick Pollock Bart.
editor of the Law Reports and ono OF the
foremost authorities on English common
I law. Sir Frederick. introduced by ex-Judge
Alton b. Parker. addressed the New York
| County Lawyers Association at the Hotel
Aston. Regarding the Oil and Tobacco de-
cisions he said:
About restraint Of trade. 7 fail 10 under
! stand how the Supreme Court OF the United
States has done more than TO try to find a
reasonable construction OF the statute"
The speaker had been saying that an
Englshman found il hard to reconcile the
criticisms directed against federal judges
for reading new laws into the statutes
or making new law by judicial decision.
with the criticism aimed at state Judges.
who are condemned as creatures OF the
interests" when they do not do this very
thing in seeking 10 cater 20 the popular
opinion Of the moment.
1T seems TO rs in the old home OF the
common law" said he. that # is the bust
ness Of judges not 10 invent law, but to
find law consistent with the settled prin-
ciples and decisions Of their predecessors
which is binding. ! understand that in
certain states considerably west Of the
hudson River that point Of view is deemed
extremely old fashioned
The practice u electinE the judiciary
and the demand for the recall voiced In
the original draft Of the Arizona consutu-
ton engaged his attention. lie said
81 need not conceal from you the fact
that in England we think the popular cleo
ton Of Judges a very bad thing. Their re-
call would seem 10 an English lawyer oil
any political party whatever wildcat
scheme Of the widest kind"
The only applause that interrupted SIR
Fredericks address interviewed at TINS
point He continued:
Il understand that the demand for the
recall accompanies that for the initiative
and the referendum. We have heard some
thing about the initiative and referendum
in England II YOU are going 20 abolish
party government they might be excellent
but I don't see how you are going TO work
the two systems together. But would
D
questions, and 1 want TO apologize for my
! Ignorance of American institutions
The first business Of the meeting, which
was largely attended, was to pass a reso-
/ luton approving the minutes Of the pre-
vious meeting, held in June, at which Sc
we're criticism Of lawyers who allowed
/ themselves to become mere corporation
/ clerks" was INDUCED in.
Sir Frederick PdAock entered the room
/ escorted by George Gordon Battle, Melville
r. stone and ex-Judge William a. Wallace
| Ex-Judge Parker, in introducing Sir Fred
erick, said:
we have not enjoyed 10 the fun the
benefits of the glorious common law be
cause newspapers, in the interests Of cir
cuation, have conceived IL necessary TO
cause laws to be passed by legislatures
covering points adequately dealt with by
the common law. and legislators hungry
for distinction, have felt It necessary 70
cause euactments fully provided for by the
common law. and party representatives
seeking party prestige have passed
statutes dealing with restraint Of trade. a
subject already fully covered by the COM
mon law
Ex-Justlce Joseph T. DAILY. who followed,
gave an account Of a trial he had attended
few years ago before Lord Russell Chief
Justice Of England. in which the pater-
nalism Of English procedure was empha-
sized.
ct was very instructive" he said, ITO
an American who had left behind in his
native land the iron shackles binding ad-
vocate and Judge here. I came away with
the conviction that we had not improved
go much after all on the mother country.