New-York tribune., 1911-03-26
GROSSCUP FINDS FAULT
Attacks Sherman Law as En-
croachment on Judiciary.
SPEAKERS ANSWER HIM
Overlapping of Branches OF Gov
ernment Discussed Before
Republican Club.

At tho last NJ the Saturday luncheons anu
d,scussjone of tho .eason held in tho Re-
publican Club Yesterday The Encroach-
-rent Upon tho Three Coordinate Branches
Of the Government one Upon the other
was discussed.
Judge Grosscup thought the Sherman
antitrust law was typical Of tho laws that
encrosched upon tho powers of tho iuhl-
cjarv. He said corporations had grown
until they rivalled the government rseh'
both In revenue and business activity. Al
ter going over the history Of their efo"th
Judge Grosscup said
"My own theory Is that II is not the man
but the garment The business of the coun-
try IA the man and the law the garment. L
think the tailor should cut the garment
, 70 fit the man. and not cut the man t. NJ
the garment. But the law took another
course.
There ts better remedy than the Sher-
man antitrust lar as interpreted hy ~"
United States Supreme Court The inter
pretation the Supreme Court has put on
the Sherman antitrust law Is the Calvin
istic doctrine of universal condemnation.
Every man who does business IS violatt ing
the Law unless he does business With him
self
Through The mercy ~ the D.rartm.nt
ot Justice YOU may never he prosecuted
The whole power l. transferred 70 wash
ington II Is no longer What will they say
a. the court in Buffalo. IN Ne~ York or
elsewhere" but What viii they say in
Washington
The courts can d. nothing EXCEPT 70 in
| nra In
Washington does not hear say ~ is not
American. II IS not right
President Schurman OF Cornell ssid 'hat
all departments Of the government should
be kept separate
What's the use ~ having a maxim II
NJ one Is carving ~ out" ha asked
All good policies have originated pi'h
executives. us , Taft administration or
q Roosevelt administration The great
change is that the masses ~ the people
have taken hold of the machinery Of gov
eminent and seized upon the Presidency
as IT'S organ The poTer has centred IN
the President
This Is duo - the growth Of our na-
tionsl parties Behind Congress and the
President today is the political party.
When the change vas made IN tho making
of President there came ths rise nj IA -
tioral parties. end the inpossihil'y ot
using Congress as national organ Tas
felt
The question to-day IL. How long shall
II 20 on When shall il stop We have
got 10 recognize the evolution that has
taken place end adjust ourselves - ~ We
Ambs ssador H,ll began hy humorously
observing that no vss not down on tho
programme
We are not liring under universal cen
der1nstion. We ara not living under laws
born in the mists Of the morning or the
mia snna Of an evening he said. taking
issue with Judge C;rosscur. II would saw
We are living under laws adopted after
deiberstion by 'he American people
Professor Goodncw. of Columbia. said h"
agreed with President Schurman in be
lieving that the theory Of separation ~
power was broken down. lie said the
neople are recognizing the inadequacy Of
The separation of powers. He spoke of the
beginning If the courts declaring laws un-
constitutional.
Judge Grosscur being the first speaker
ended the discussion with summing M
Tn not pAss!mst" he said I m an
ortmist rs the op'imist that Is the
force in the asolenc that drives the ma
chine II Is the blue smoke and the smell
that is the ortimist "