The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-06-14
ore the Rraaklyn UnlxersIty .eIub.

fore the Braaklyn University club
Here is statement which Illus
trates the judicial mind Of Judge Cul-
len:
The second criticism is that the
courts are obstacles to progress and
obstruct the will of the people; that
instead OF constituting the constitution
in a broad, libertl way. so as to ac-
commodate it to the march OF progress
to changed conditions and situations
they construe it according TO It's
terms
II is dificult to credit Judge Cullen
with Intellectual honesty after read.
ing a sentence like this. A mind train
ed. presumably, to logical thinking
would know this to be a begging Of
the whole question at issue Judge
Cullen can hardly pretend tnat he does
not know that no one asks for con-
struction in defiance of the terms.
But terms do not eonstrue them
lselves. They must be explained and
applied. Judge Cullen declares that
the phraseology of a constitution must
he construed 'in the sense that the
I parties who made it understood it.
But unless the judge arrogates to him
self supernatural power to repro
duce the thoughts and intentions OF
men long dead, he must confess that
: his Interpretation is merely his thought
of what their thought would be when
{ applied to the facts before him.
: Another of Judge Cullen's assertions
f is worthy Of analysis. He asserts
}. that "the duty of the courts in con
/ STRUNG a constitution is just the same
as it would be in constituting a deed :"
v That is impossible A deed does not
d state continuing general principles to
S be applied to changing concrete facts.
It A constitution is a nations rule Of
life. made up, SO far as it calls for IN
e terpretation, OF general principles, and
d as the nations life is always chang
p ing, the principles must be constantly
l. re-applied to changed conditions.
How applied Not. certainly, as the
t. founders would have applied it in their
IN day, but as they would apply it in oui
ID Iday. namely. so that its essential in
IN tent shall have full force and effect
i'll in all the circumstances of the pres
ly ent.
le That is why our constitution wa'
ne made in general terms. 1t has beel
the perennially celebrated virtue Q
our great charter that it laid dowl
not specific prohibitions but highi.
general rules, in order that they Nigh
,rt be reapplied to changing conditions
ng Under this theory the United State
cit has expanded and waxed great an
ill., 1.-The constitution has endured. And tn
ax. worst enemy of the constitution, c
81. the document framed by the fathers
ch is the judge who refuses to apply i
ire general principles in the spirit OF hi
ng times to the facts of his times.
To maintain that it is the duty
1t judge in interpreting is appl
&C. 4ing-these general principles to. carr
S. them and the bare facts of give
re case back into the eighteenth centul
ith and there to set them before a who's
ose Iy tribunal unenlightened by the.
oor tervening experience of a century
the social, political and economic life
AXE assert this is propostrous 1t Is, i
hey possible for fair mind to believe tn
ish- founders of the republic, the wise a.
xla far-seeing men who drafted our fune
me- mental law, or the people by who
Iisr will it was established, intended su
100 folloy, or would approve the deae
lolc ancestor worship on which it is foui
dis ed.
and The constitution OF the UNI
for States was not created solely for I
generation that enacted it, and II
up. were it would not be binding on
wen Its greatest characteristic is its
heir liberate elasticity, the elasticity OF
t of most general political truths.