Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-01-21
Finds the Bar to Blame.

speaker thought the courts less respon
sible for these shortcomings than the bar
and Justly so, inasmuch as the bar make:
up a great part Of all the legislatures AND
Els responsible for the stupid and mis-.
chievous legislation regarding procedure
which hampers the courts in their efforts
to do Justice.
TT the bar" he continued, (which
knowing all the facts and familiar with
all the evils. insists upon tho continuance
Of our methods to promote the immunity
of criminals and the hindrance Of justice
to the point Of denial"
When the speaker had outlined the new
conditions that confront the country incl
dent to the extraordinary Industrial de-
velOpment of the last half century and
| which demand the readjustment of rela-
| lions between great bodies of men and
| the establishment of new legal rights not
contemplated when existing laws We're
passed or existing limitations upon the
powers of government were prescribed in
the Constitution. he declared that the
readjustment must Of necessity be grad
ual process.
ultimately" said he. "step by step.
government. through investigation. edu-
cation, the spread Of true understanding
of facts and full discussion, the process
of readjustment is being worked out and
ture, instructed. considerate judgment of
the self-gOverning people Of the coun-
try"
Functions Of the Bench.
Turning to the problem Of the applica-
ton OF the law. Senator Root reminded
his hearers that the Judge is always con-
fined within the narrow limits Of reason
able Interpretation and said: 1T Is not
his function or within his power to en-
large or improve or change the law.
Ifu Hsrt0 &C.
whether 1t be good or bad. wise or fool
ish. accordant with sound or unsound eco-
nonic policies. 1t Is very important to
have reformers and advocates Of all good
causes and thoughtful and public spirited
citizens who are keenly alive to the de-
fects IN our system Of laws and sOicttous
to hnd means to cure them. But the courts
are excluded, by virtue Of the special
duty imposed upon them, from playing
any OF these parts. Their duty is to
maintain and enforce the law as 1t is at
the moment. to interpret 1t in sincerity
and truth under the sanction OF their
oaths and in the spirit of justice, to &C
cept Loyalty every change made in It by
the iawmaking power, but to stand nrmiy
against any attempt to ignore 1t or null
lily 1t except by the legitimate action OF
statutes in conformity to the constitution
II q community Is not satisfied with
law as 1t is declared by the court to be,
the thing really desirable is. not TO Co
cree or reconstruct q court to say that
the law is what 1t Is not but to make the
law what the community wishes 1t to BE-"
Fundamental Ideas.
Senator Root emphasized the fact that |
fundamental idea Of this government |
10 that all the officers to whom the peo- |
pie. whether Of the nation or OF the |
state. intrust tho powers Of government |
shall be subject to certain definite pro- |
scribed limitations upon their power A |
second and equally necessary feature OF
this governmental system is that these |
limitations. both those which distribute |
official powers and those which declare |
the great rules Of conduct, must De pre-
scribed impersonaily rather than with
reference to particular cases or particular |
exigencies or particular individuals A
third feature Of the system. which Is q
necessary corollary to the other two. and
essential to them. IL the vesting OF power |
in the judicial branch to determine wnen
tie action Of the legislative and executive
branches or any onicer OF them coversteps
the limitations which have been pre-
scribed.