Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-08-31
President Taft Takes Final
Whack at Arizona Constitu-
tion's Clause Concerning the
0usting of Judges.
HIGHER SALARIES
SHOULD BE PAID
Inducement Ought to be Held
Out for Best Legal Talent in
Country to Take Positions
on Bench Says Executive.
ony E,.a,as n-r.,s A. p. Leased wire,

llOston, Aug 3l--The announce.
ment that President TAFT would say a
final word at the closing session OF
the American iiar association was sui
ilctent 10 crowd Huntington hall with
5Oar oi the brightest legal lights oi
ihc country.
Previous to the arrival og the prosi.
dent The association debated ~
length resolution denounclnr the 10.
call of judges and urging the various
state bar associations 10 expose the
lallacy of judicial recall
President rnit spoke Of HE need of
reform IN judicial procedure He de-.
clarod that the inialiyc should be
taken by lawyers
The president said there is need
Tor advancing judicial salaries 80
that the nest men of the bar might he
secured for the courts
The salaries OF the supreme court
justices. the president said. should be-
increased 10 $4,000 a year
Reviewing briefly the general arhi
tratiOn treaties with Great Britain
and Frgnce. the president made it
plain he did not bolieve objections 10
I the treaties were valid
The resolution denouncing the
principle of the recall of judges was
| adopted hy a large majority.
A protest again further expert
/ nentg In drastic legislsiion' against
| business interests vas voiced hy vii.
| liam " Hornhlowef OF New YORK In
an address on Antitrust Legislation
and iAtigation" a, last nights session
OF the annual meeting OF the American
bar association Mr.. HornhioWer de-
clarpd thai the Sherman antitrust
Law failed 10 comply with what he
considered the requisites OF proper
| statute
This statute. he said. never has
been and never can be- literally aud
strictly applied To so apply 10 would
/ produce chaos IN the business world
. he statute must hp applied not aC.
cordug to It's language but according
10 itS reasonable meaning or else n
becomes the instrument OF injustice
end Of ruin 10 the mercantile com.
munitN
There Is a point al which compe'
tiiion becomes the death of trade
Undue competition may lead 20 non
upolN while reasonable regulation
or a reasonable agreement between
the competitors may prevent monup
lolN Prohibition o. all comhinat ions
ana ui all restraint oi trade IN unwise
ICNilizalion means cooperation co.
Operation means combination. comhi
hatlon means restraint ul competi
lion
Touching oi the criminal aspect VI
the sherman Law, Nj llornhlowci
said
Public opinion appears now to I'd
clamOrlug ior victims n - nor sHt
isiied with damages or iniunCtiOns oi
possible rereiyorships bur punish
ment OF individuals is loudly called
tor Protests are even made against
mere pecunisyy fines Actual impris
Cnment OF the Offenders Is demanded
For mysolf do noj hesitate tC
say thar the sweeping penal proyis
ions oi his law are unwise aud un
just and should be- made more limited
In their scope and much more drfnil,
aud certain Acts OF moral turpuudc
If properly defined In advance, ma,
well be made criminal Such act'
OF moral turpitude are. Tor instance
the use of unfair means 10 suppress
competition ana to crush Out rivals
and agreements with competitors t.
I
To make restraint of trade criminal
irrespective of It's character and pu
poses and irrespective Of the method
pursued 20 accomplish the restraint
Is 10 punish alike the Intentional male
factor and the honorable ana uprign
business man who hus been guilt,
only OF 'schnical violation OF mo
hiibitOry law"
Another suggestion has been ~
Gently exploited and has the supnor
, OF able advocates. namely The crea
lion by the federal government OF
commission or a number OF commits
siOns who shall have power to regr
late prices Of articles or intersrau
commerce To my mind. this Is an az
paliing suggestion Nothing short q
. omniscence can enable such con
mission 30 perform rs work with N
, tellIgence and with safety so the hes
interests OF producer and consumer.
! Il believe that the sherman law a
:, Interpreted and enforced hy the 81
preme court IL quite adequate, 80 fal
at least ms civil remedies are col
cerned. 10 meet any further attempt
: al dangerous aggregations OF capital.
|
TyUIS conn IN nan