The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-02-18
ATTORNEY GENERAL
DELIVERS ADDRESS
Wickersham Speaks on "Na-
tional Stability" Before the
City Club of ST. Louis.
LAUDS THE JUDICIARY
lnveighs Against the Initiative,
Referendum and Recall,
and Appeals to Reason.
LAUDS THE JUDICIARY

ST. LOUIS, Mo-, Feb. 17.-Dlscussing
national stability with particular
reference to the initiative, referendum
and recall. Attorney General Wicker
Cham, speaking before the City club
heFe today. announced that "if the
government is to meet the essential
needs Of the people," 1t must be
founded on trust and confidence In the
wisdom and integrity Of those who are
to discharge the various duties imposed
in carrying 1t on. No people. he added,
could expect the best service from
those whom they select under circum-
stances and burden with restrictions,
which indicate not confidence, but dis
trust.
More essential perhaps than any
other part of the government, the at
iorney general declared, was an indie
pendent judiciary, "who are not to be
deferred from performing their duty by
any amount Of clamor."
Simplification Urged.
Urging a simpli6cation, however, of
the processes of impeachment, Mr..
Wickersham said:
'"Where Judges become so blinded
by prejudice OF class feeling that they
ian not fairly and impartially admins
ter the law, they should be impeached.
But the process of impeachment oil
Judges is cumbersome one. 1t ought
TO be simplifed go that charges against
Judges might be tried by some appro-
priate and workable machinery as well
as other grave and important issues
are tried,
MI, Wickersham paid tribute to
the integrity of the American judiciary
as revealed in history.
Gas an expression OF the VIII of the
whole people, the attorney general
continued, "a state constitution should
be changed only through the active
consent of a clear majority Of the
whole people, because no stable condl'
ton of civilization can result from
government subject to constant huc-
tuations in its fundamental structure
based upon the shifting sands of tenn
porary impression, rather than upon
the broad, firm foundation Of maturcd
conviction.
Judiciary Defended.
s'There has been much nonsense
talked of late about the so called usur-
patton of power by the federal judi
ciary in pronounciDg laws of state leg
islatures or of congress unconstitutlon-
al and therefor void.
"When the federal constitution
was under discussion and before Its
adoption it was clearly pointed out
that the power conferred upon the
courts did not suppose superiority of
the judiciary TO the legislative power;
it only eupposes that the power of the
people is superior TO both; and that
where the will of the legislature, de
clarcd in its statutes, stands in opposl-
tion to that of the people, declared IN
the constitution, the Judges ought TO be
governed by the latter rather than the
former,
fsEven more insensate," continued
the attorney general, "is the clamoI
against the courts for interpreting
statutes in the light Of their under
standing as educated men learned in the
law. The English language is not al
exact medium for communicating
thought. When the rights Of litigants
depend upon Il6 PROVISIONS OIL SUdluIes
it is the duty Of the courts to con
strue them, and to construe them IL
the light Of reason.
Growing Discomfort.
''There has been growing tiscon
tent with legislative bodies all over
the land" Mr. Wickersham declared.
estate legislatures and municipa
councils,'' be said, shave been founc
iu many instances to be corrupt and in
efficient. I am in entire sympathy witt
the reasons which have led 10 the en-
aetmeut of laws providing for Thu
domination of candidates for Office b.
direct popular election.
'sThe function of law making ough
TO attract the highest talent and th'
most disinterestcd character; not sys
tenn whereby laws are To be made b,
postal card and popular petition, th'
end 80 to destroy the dignity of th
legislative Office as To make it uuat
tTactiye even To those who nigh
otherwise subject themselves TO tn
scramble Of a primary contest for th
nomination in order TO reach q field o
public Usefulness
The attorney general urged busines
men to cooperate with lawyers i
evolving methods by which the law
delays may be minimized in settlin
the ordinary controversies that arise i