The Washington times., 1912-02-17
WICKERSHAM-FLAYS
PROGRESSNES FOR
ATTACKING COURTS
Attorney General Opens
Cabinet Campaign to Re-
\ nominate Taft.

ST louis, FEB. - blast from At
tmncv General Wickershan against the
rrogressvas policy Of curtailing the
power of courts, signaled the opening
here today Of the Cabinet campaign 10
renominate Taft and Justify the Ad-
minstration's record.
Recent attacks on courts for. eyerris-
lug the power to declare avs unConsti-
tuuonal were termed nonsense, nv
Nickersham. "EErn more insonsotr.
The clanor against the courts for in
tei iprrting laws"
The Attorney General handled the pet
measures OF the insurgents without
gloves. He referred So arcasticalIv to ini-
uattve and referendum as "rostal card e
Iawmaking. He declared ropulsr Ioy-
lslation and direct primaries destroy
ne dignity of office. and result in
driving from the field that class of
zen who 1t was formerly thought wcrc
le most csirable-namely those
nom the office seeks, not those who
eek the Office
Urges Better Salaries.
LAS remedies Cor present conditions in
ne courts, WtrkCrshGm recommended
etter salaries and longer terms to at
rHct better judges to the bench, and a
lmilar method of impeaching Judges
10 blinded by class prejudice or per-
ionai consideration that rhey cannot
airly administer the law" For in
'Nlerable court delays. in themselves
denialS Of Justice the bar. legislatures
which enact laws OF procedure. and the
reonle, for not selecting better men as
judges, are to blame.
There has been much nonsense talked
OF late concerning the so-calied usurpa-
tion of power by the Federal judiciary.
in pronouncing laws of State Legisla- :
lures or of Congress to be unconstitu-
tional, and therefore void. The very
nature of a written constitution i'm
plies that the peoples representatives
can exercise only the powers conferred
upon them in the constitution, and A
judiciary must of necessity adjudge to
ne voia any act of Congress not author
lzed by the Constitution. This does
not suppose superiority of the iu-
dietary to the legislative power 1t only
supposes that the power of the people
Will of the Legislature, declared in it's
statutes, stands in opposition to the
VIII of the people, declared in the Con-
stitutions the judges ought to be gov
eTned by the latter.
Even more insensate is the clamor
against the courts for Interpreting
statutes in the light of their under.
standing. The English language is not
an exact medium for communicating
thought. We have not required of our
legislation the scientific precision of
formulation which business men require
IN important contracts. When the
rights of htiSants depend upon the pro-
VISIONS of the statutes it Is the duty of
the courts to construe them in the light
or reason. 1t seems incredible that anv
man man OF average intelligence should be
duty. VI ''o'0i"i
Must Obey Constitution.
UNLESS we continue to have iudyas
whose tenure of office does not hang
upon any momentary popularity with
the crowds, and who are not to be de-
terred from performing their duty by
any amount of clamor, these questions
may not be decided in accordance with
the Constitution. l am aware that
Judges sometimes are strangely indif-
ferent to a righteous public sentiment
and allow themselves to be influenced
ny class preJudices or personal consld-
ed that they cannot fairIS administer
the law. the should be impeached. But
the process OF Impeachment is curnber-
some; IT ought to be simplified
- am in entire sympathy with the
reasons which have led to the enact
ment of laws providing for the nomi-
nation of candidates by direct election.
But systems whereby laws are made by
postal card and popular petition tend ia
so destroy the dignity of the Iegislative
office as to make it unattractive even
TO those who might otherwise subject
themselves to the scramble of the prj-
mary in order to reach a field of public
usefulness