New-York tribune., 1912-08-29
RECALL ATTACKED BY
SENATOR SUTHERLAND
People Have Lent Their Ear to d
Demagogue, He Tells AmsrI.
can Bar Association.
NEGRO LAWYER RES GINS
PROPOSAL to Raise Salaries OF
Federal Judges Laid on Table
Model for Child Labor
Law Approved,

Milwaukee. AUS 9S,--severe criticism
Of those who question the adequacy o. th'
federal Constitution, and Of 'taose VINO
.rsk 20 replace e With policies dictated
~. pa..lag whiins and 1eetlns cmotions'
v,. made by United states Senator
George sutherland, OF Utah, In an address
before the American Bar Association TO-
night.
Maintaining that the chief value Of the
Constitution IL "in its operation 70 pre-
vent IN considered and impulsive action
ssnntor sutherland denounced the plan
for recall OF judicial decisions, which, n
said. IN effect would be "to render
judicial decision BY show Of hands al
the polls"
"tt IL becoming questionable to speak
we'll Of the Constitution, declared Senator
sutherland. ut is no longer respectable
20 profess the ancient faith in the learn
ing and integrity Of the courts. The coco
faith ot the people themselves IN seeN'As
these radical changes is not 70 be Ques-
toned, but we may Justly doubt their
wisdom IN having lent too ready ear 70
the denasogue whose strident voice has
filed the land with his III considered anu
Q Impractical theories"
Senator Sutherland referred ironically
70 the new political propaganda whose
teaching suggests that the written CON
.titution Is binding only upon the minority
and that its meaning may be ascertained
more accurately by inspecting the casual
contents Of the ballot box than by IN
p voking the trained and deliberate JudS-
rnent Of the bench. He combated the view
that the Constitution IS outworn or Is
dead wall IN the path OF progress ne con
tended that its principles are living forces
as vital now as ever. He considered that
the overshadowing and sinister menace To-
the American social structure is the break
ing down Of the organic consciousness or
the people and the lessening OF the ola
sense Of loyalty 20 our institutions.
A motion 70 urge President Taft and
Congress 70 increase the salaries Of fed
eral Judges provoked heated debate and
resulted fl tabiing the question.
Pay for Federal Judges.
Il don't know why lawyers VINO prac-
tise before federal courts should want to
60 on record for an increase of salaries
Of judges before whom they appear said
William A Ketcham. o. Indianapolis
"The President Of the United States ard
Congress are we'll able to decide on il
without instructions from the Bar Asso-
citation"
IF We expect to have good judges we
must pay them decent salaries shouted
J. B. David. Of Chicago. II don't know
WHY we should hesitate when we all know
the judges are not paid enough.
4 committee was appointed to ask Con-
vress TO empower the United States su-
prene Court TO prepare and put into effect
IA complete correlated system OF plead
Ing and procedure for the common law
side OF the federal courts. as Is now De-
ing done for the equity side
The purpose IS TO provide for uniform
system OF pleading in the state and fed
erRl courts.
Kellogg Talks on New NstIonaI'sn''
Frank z. Kellogg, Of Minnesota, dis-
cussed the great movements Affecting the
government and the laws OF the country
the popular demand for direct participa-
ton in the affairs Of government. the IN
itIative. the referendum and the recall
Of the New Nationalism Mr.. Kellogg said
This movement toward higher educa-
ton and more liberal democracy mas IN
dcubtedlv been largely caused Dy gem
eraI public demand for legislation and
control In our Industrial life. This ia a
branch Of New NatiOnalism 10 which the
public is now giving great attention. It
is compare lively new in our country. 1t
has been tried to a greater degree in the
older civilization But all over the world
the movement at the present time Is
toward more paternal legislation, greater
control of the forces of industry and
wealth and legislation looking 70 the bet
terment OF the conditions Of the masses
We ars learning from year 10 year how
nest 20 regulate the transportation laclii-
ties of the country without injury TO capt.
raj or labor and while some injury has
been done In the scale OF human good and
evil the good so far outweignS the evil as
70 encourage us TO continue the regula-
Without any stretch Of the constitutional
power, II is my opinion that the time u
coming when the regulation OF thesa
transportation lines VIII or necessity Dc
eXcIusiveIy in the hands Of the federal
government
In this age Of great industrial enter
prises rapid transportation and world
competition, large aggregations OF capi-
tai are undoubtedly necessary to the de-
veiopnnent Of certain industries. TO the
extent that this is necessary sucn aggfe-
cations should be permitted uuueT Slrlct
governmental control. because they are
the creations Of government and have no
natural rights But when combination
goes beyond what Is necessary for eco
nomicai production, transportation and
commerce. and reaches out TO control the
Industries Of the country for the purpose
Of crushing out individual enterprise,
amassing vast fortunes. eXacting unrea-
sonable profits. controlling the price OF
.abor OF floating fictitious and watered
stocks. IL is harmful TO the public and
perilous TO the nation that harbors II.
The highest development OF civilization
will be attained by keeping open TO indi-
viduai enterprise the great avenues OF
commerce and industry. and by protecting
labor in an Independent and prosperous
condition. so that every man with reason
able caDital ability and industry may
Hfely embark i'm some Of the bra nches OF
Industry with the hope of being some
thing more than an empiOye Of q corpora
ton.
Proposed Child Labor Law.
Having approved model uniform law
intended sor adoption by all the states to
prohiblt the employment Of children under
certain ages. the association discovered
to-day that it had gone on record against
the use IN any part Of the country Of
"caddies" under fourteen years old.
The proposed law. as offered by Walter
George Smith. Of Pennsylvania. provides
49, - .,fid faCq than fourteen voars of