The Birmingham age-herald., 1912-08-29
SUTHERLAND SCORES
 RECALL OF JUDGES
 BEFORE LAWYERS
Continued From Page one)

---~----~-----~--------- and law sconstruing demand a special training and concentration of effort which the people have neither time nor persistent inclination to exert He instanced the kind of laws now demanded for the people for better hours of labor, better sanitary condi- tfons, living wages, compensation for injuries, against monopolies and foT the promotion of social justice. While Congress and legislatures are respond ing to this demand it Is often hasty and unconstitutional. The blame should not be put on the courts, but the leg | islature. AS an example of such legis- lation he cited the Ives case in New York, where it is reasonably clear that there was a naked taking of the prop erty of employer for the benefit of the injured employe. He distinguished the proposed federal act for the liability ol employers engaged In interstate com merce as one which compensates both employer and employe for rights which both are required to surrender He denied that courts exalt the rights of property above the rights of man, and characterized this as catch phrase whose plausible sophistry is made to do the duty of passionless logic. He pointed out that there is nc such thing as the rights of property but only the rights of man in prop erty and the controversy in which this phrase is used is always between the man who has and the man who has not but who nevertheless seeks the property. In the long run statutes which intelligently express the per sistently dominant and substantially preponderating opinion are upheld.
 Must Uphold Constitution Tn hia oni,ion if oopStit,tiona1 and or derly government Is to endure. the courts must set their faces against palpable violation of the constitution, notwith- standing popular sentiment and seeming necessity, for the door once opened can not then be closed to expediency and mere convenience. The provisions of the con stitution are not as casual as New Years resolutions, but as old as the struggle for human liberty. and as eternal as anything in this mutable world; we do not outgrow them. The constitution did not make the union but saved it from destruction: the states are the body of the union, but the constitution is it's soul
 A motion to urge President Taft and Congress to increase the salaries of fed eral judges provoked heated debate and resulted in tabling the question.
 A committee was appointed to ask Con gross ito empower the United States su- 
 feet a complete correlated system of pleading and procedure for the common law side of the federal courts as Is now being done for the equity side.
 The purpose Is to provide for uniform system of pleading in state and federal courts.
 In accord with the plan to make uni- form states laws now conflicting, the bar association tonight approved q model mar ,ia ora Ia IVY intended a6nnfiop bxYa all ba states.
 Walter George Smith of Philadelphia who presented the model from a commit tee which had been Investigating the sub ject for a year, declared that the law, if universally adopted would dsavow con- mon law marriages.
 Kellogg Speaks
 Frank B. Kellogg of Minnesota in his annual address to the American Bar asso- citation discussed among the great move ments affecting the government and the laysnM the country, the popular demand
 ect participation in the affairs of
 aent, the initiative. the referendum
 recall Of the new nationaiism MT.
 said:
 eannot give free rein to huElan
 ed passions, or to the bowels of
 kitb3nt endangeringl the ,nloral
 3hpdition, of the greaukna-
 pplef Such leehslsodt is
 I'd c&ie Si1ai \ we nafson-
 ( make 1t uniform
 hovement of tho Whole
 jude 1t into wise cifan-
 se biindly oppose it,
 the way, let 1t be sec
 lual?
 lich is probably t,day
 tention than any other,
 bf the forces of wealth.
 been and always will
 eatest powers known.
 of the greatest evils.
 Q corpora ton to anass
 of modern times. rn-
 ivantage of the liberal of the various states,
 brpcsat'fas and then
 corpore tiohs into rggrega-
 h. in the end. by reason of Their very size, had the power to control fertain industries. and. if not stopped. would in a short time have controlled all industries.
 ..It is idle to talk of the restriction of individual liberty and the right to amass wealth. No individual ever has monopo- lized and controlled the industries of the country. or ever will do so except through the force of. the law. It is the aggrega- ton of wealth of thousands of people and the perpetuation of this power through the instrumentality of the corporation which makes it dangerous.
 ..The highest development of eiviliza- ton will be attained by keeping open to individual enterprise the great avenues of commerce and industry. and by pro- tecting labor in an independent and pros- porous condition, so that every man with reasonable capital. ability and Industry