The Washington herald., 1912-06-06
LAWYER ASSAILs
SUPREME COURT
New York Legal Light Tells G. W.
0. Graduates It's Power
Is DespOtic.
SAYS LEGAL SYSTEM
NEEDS MANY CHANGES
Says Recall of Judges and Primary
Elections Are Like ousck
Medicines.

Declaring that the power Of the su-
preme Court to interpret the Constitution
as despotic. arraigning that high tribunal
as an unfit body to determine politico-
economic, financial. and fundamentally
EOciaI questions, recommending the Grad
ication of the present legal system as
better solution of existing evils than the
recall Of judges, and ridicuIIng the sys-
tenn of primary elections, John Randolph
Dos Passos, Of the New York bar. de-
livered a radical address on political
Introspection' last night at the COM
mencement exercises OF the George
Washington University In the Memorial
Continental Hall before an audience
which taxed the auditorium to its utmost
capacity.
The speaker said that the great fault
Of the nation is that II pays too much
attention TO form and too little to sub
| stance in this present day. He said that
enough stress is not laid on the honor Of
citizenship. He expressed the opinion
! that the gates Of naturalization should
be Immediately closed to the masses Of
"near-barbarians who are swarming into
the country"
After an unrsserved renunciation of
/ apparently every American institution
which he could call to memory. DR.. Dos
/ words:
There is only one remedy for our
political evils-it is the natural one-to
have our citizen-voters perform the du-
ties Of their high office with independ-
ence. fidelity, and intelligence"
Supreme Court DespOtIc.
The vast body Of juridicaI literature"
said the speaker. DIN many Instances
conflicting, sophistical and irrationaD, is
largely the outgrowth OF the practice OF
the Federal Courts to examine whether
acts Of the National and State Legtsla-
lures are contrary TO the Constitution
OF the United States, and II they are
found so to be, TO adjudge them null and
void. And the frequency and persistency
with which this line OF action has been
followed by the courts has brought the
people quite suddenly to a realization
tina; the power Of the Supreme Court OF
the United States is measureably des-
potic.
The power Of the Supreme Curt in
wolves the Curtaiment OF the functions
Of the legislative branch OF the govern
ment for the power assumed and eN-
crcised by the judiciary is necessarily
abstracted from the legislative depart
ment, and the latter becomes CORE
spOndingly weak and dependent: a spec
tacle never witnessed in the history OF
the world where a real legislative branch
OF government existed. Moreover. the
Supreme Court OF the United States is
not n ht body to determine politiCO-
economic, financial, or fundamentally So
cial issues.
Recall of Judges.
The movement for the recall of judges
is a legitimate symptom Of a diseased
body politics. It is a surface indication
OF inward weakness. It is the result OF
the usurpatiOn OF power by the judiciary,
OF its ignorance and carelessness. to-
Eether with the uncertainty COmplica-
tiOns. expense and delays Of the law.
The law and its administration in this
country are the predominating evils OF
modern history and the demand for the
recall Of judges is a superficial effort
On the part OF the people TO obtain re-
dress
Complete remedy can only be had by
radical changes in, II not the eXtirpa-
ton Of. the legal system.
Almost at each decade new evils are |
discovered upon the surface Of our body |
polite, and with each discovery comes |
the suggestions Of fresh Temedies-a |
thousand political doctors arise TO offer |
novel and untried prescriptions The |
latest and most thoroughly advertised |
panacea is the primary election. II is |
warranted. after the approved method Of |
advertising quack medicines, to cure not |
one, but all Of the evils Of the body |
pOlitic-heart, liver. kidneys, bladder |
ALL"
Admiral stockton Talks.
The commencement exercises were !
opened with three selections by the Ma
rine Band. under the direction OF Lieut.
William H. Santelmann. Invocation was
offered by Rev. Franklin Elmer Ellis
worth Hamilton Ralph McNeal Dunbar,
one OF the graduates Of the Columbian
College. delivered an Grafton on Dem
Ocracy and the Individual" The Recall
OF Judges" was the theme of a mastery
discussion by Ernest Otto SchreibeT. jr.. i
OF the department of law. Mr.. Schreiber
pointed out that the Introduction Of the
ernment Of our land would result in
chaotic conditions.
Admiral Charles Stockton. president Of
the university, delivered a short address
to the graduating classes after the
diplomas had been presented. The bene-
diction was pronounced by Rev. DR..
Hamilton.
The following prizes were awarded:
COLUMBIAN COLLEGE.
Bachelor Of Arts-Hans Wilhelm Ferdinand
AndeTS-n. Germany; Roger Sherman Gates Boutell.
District q Columbia; Minnie HuldA BrakhaEen.
District Of Columbia; Edith Katherine Cash, Dis
trict Of Columbia: Mabel Louise Chaplin. Dis
trict Of Columbia: Paul Tinsley Check. District
Of Columbia: Mary Veronica Dempsey. New York:
Moncena Miles Dodge, California: Ralph McNeal
Dunbar Maryland: Charles Merritt Earl. Wisconsin
Walter Scott Eatherly. Tennessee; Jeanette Go
District q Columbia; Walter Edgar
Hancock. Texas; Enid Marian Hobbs, Canada;
NIGude Lillian Jackson. District Of Columbia:
Eleanor Isabelle Jones' District Of Columbia:
Harold Keats Pennsylvania; Minor EVeret Nc
Christie Ohio Joseph Mccormack, Pennsylvania;
James Lewis MOneywsy. Alabama; Kate Carroll
Moore. District Of Columbia; Katharine Mitchell
NeWbold Maryland Andrew Bryant Reavis Ten
1essee: Anna Lorrtte Rose. Pennsylvania; Paul
We're Romdy. New York Dorothy Archibald Small
wood District Of Columbia; Katherine Strong
SUNNY. District q Columbia
Bachelor Of Science. IN Chcmistry-Ralph Willie
Frey. District Of Columbia: George TrATer HAr
ington. Vermont. p. s.. 1903, University of Yer
mont: Elmer Stewart. District q Columbia; George
Pelham Walton. Indiana.
COLLEGE OF ENGINEERING AND MECHANIC
ARTS. q
Bachelor Of Science in Architscture-AIbert
Lewis Harris District Of Columbia.
Bachelor uf Science In Civil Engineering ,
Howard Paul Bayly, District of Columbia: VIII
IAN Shelton Gordon DHlin, District Of Columbia;
Robert Horace HarTison District Of Columbia: ,
Robert John POtbury, District of Columbia; Joseph
Addison Preston Scott. jr.. District Of Columbia
Iohn Daniel Stuwe. Minnesota; Frank Neihmeyer,
District Of Columbia
Bachelor Of Science in Electrical Engineering ,
Curtis EdEar McCalip District of Columbia
Howard Palmer Stafford. District Of Columbia
Bachelor uf Science In Mechanical Engineering
duEh GATES BouteIl. District q Columbia; George