New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-21
ROOSEVELT CALLS FOR
CONTROL OVER JUDGES
Biu Audience Cheers Ex-PreSI-
dent at Child Labor Meeting
in Carnegie Hall.
NOT RADICALISM, HE SAYS

airy, He Declares, but De-
cries Servility on the
Peoples Part.
Carnegie Hall was crowded TO the
doors last night when eXPresident
Roosevelt delivered an address. under
tho ausrices Of the Metropolitan Child
rabcr Committee and the Civic Forum,
or the subject OF "The Conservation or
vonanhood and Childhood" The big
audience contained many persons Of
nrominence in all walks of life. includ-
,ne active social workers and suffrag-
cites. all Of whom frequently applauded
the ex- Presidents remarks. Every one
IN the audience rose in their seats as
marx of courtesy when he appeared on
the platform. He dealt with his SUD
,ect with characteristic earnestness. and
dv.elt with renewed emphasis upon the
"reckless exercise Of power" by the ju-
dietary. Putting his beliefs strongly IN
this respect. he said;
believe that the only ultimate safety
people is IN ser i'll'I'it
tcrtroi from the outside | do not beileNe
IN srap judgments. I do not believe IN per
hitting the determination or m2iiiltntp m22i ~ ~
be transmitted into permanent pQHCl ooii
do believe that the serious, soDsr' Nell
thought out judgment Of the people must
ba GIVEN effect / do believe that TINS people
must ultimately control its own destihles'
md cannot surrender the rlgnt OF bluliidle
control 10 ndee any more than TO a leg
tsls-or or an executive As q matter or e%-
pediency 1t may he. and in my opinion II Is
desirable that the control by the people over
the nudge shall he exercised more cautiously
erd i'm a different fashion than the Controi
nv the upople over the legislator ana the
.vecutiye. but the control must be thele
the power must exist IN the people 70 see t9
4, that the Judge like the legislator ana
the executive becomes in the long run rep,
reeentative Of and anSverable 70 the well
thought out judgment Of the people as
What have advocated is not evolut on
7, is no, wild radcalism. II is the highest
snd wisest kind Of conservatism.
Colonel Roosevelt left his remarks
about the judiciary for near the end Of
his address. saying that it was sub
iect upon which his remarks had often
. been misconstrued as AN attack upon
the Judges" He said that he meant no
such thing and had the greatest respect
for some of the judges whose decisions
he felt called upon TO critiCise. He re-
ferred 10 some members Of the judiciary
however. as good. we'll meaning and
upright men. but laborins under some
economical or social philosophy which
is long outworn.'
Highest Respect for judiciary.
He vent ON as. follows:
Let me say al the outset, but so clearly
that only wiful misiuternretation can ds
CeiNe people. just what my opinion as TO
the courts is. ! have the very highest re-
gard. the highest respect and admiration
for the judiciary. AS a whole, think that
our judicial officers stand on higher leVei
than any other body of public servants, or,
for the matter of that, of public citizens.
! believe the courts have rendered our
people inCslCulabie services. | hold that
the attitude Of our people toward them
should he one Of appreciation and respect
but not Of serVilltN. ] am ldNman put
] take toward the courts precisely ana
exactly the attitude taken by the lawyer,
Abraham Lincoln. a man who earned his
livelihood by the praCti ot law, man
who adhered 70 high standard OF Legal
ethics and believed emphatcaly in the
lfEal profession. but who was a CllEeh
and a statesman first and LAWYER second.
We should all. whether business men,
editors. lawyers. mechanics, farmers OF
writer's. ne Cl1lZenS irSI ana InelliuelS VI
our several professions next, and II public
men, We should i'm our sympsthles ana
principles and practices he statesmen llrSt'
and only after that he lawyers or business
men or editors or writer's or members or
rritiose the decisions Of judges only ny
adopting as my own the language used
about these same decisions by the highest
Judges i'm the land. by. for instance. the
present Chief Justice Of the United states,
Mr. Justice White. by Mr.. Justice Holmes
nv that great and upright servant Of the
peorl- The lamenfed Justice Harlan; by the
Supreme Court Of the state or iowa ana
the Supreme Court Of the state or NaSnlng-
ton or by private citizens like James Brad
lev Thavor the greatest professor of law
that Harvard University ever had. nave
never taken a position in advance OF that
taken hy Abraham Lincoln.
The speaker said that te most emphst-
icallv believed that the people had been
wise I'm giving great power 70 the judges,
including 'he power Of judiciary inter-
pretation of statutes to see If they con-
form with the fundamental law Of the
land. but he said he also firmly believed
that this power could he abused. and
that ii was p power with which the peo-
lle had merely temporarily parted and
not one which they have permanently
alienstCd
When Judges Are Equally Divided.
Used recklossly wantonk and foolish
ly. where the caee is so doubtful that
the judges themselves may he divided
nearly equally on the two sides, as has
happened again and again in recent
Years. il resulted in very great evil he
sad. Referring to the labor laws Of the
las, few wears, he said:
During the last twenty-five years the
courts here IN New York, helped. am
sorry 20 say. once or twice by the Supreme
Court of the nation, have thrown what
have proved wclnigh or altogether insur,
m0untable obstacles in the pain or needeo
social reforms such as those we nave come
together this evening 10 advocate In TINS
speech / nave already alluded to the deci-
sion o. the New York court whlcn IorIade
the reoyi. ~ No,,, York through their Leg