New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-08
.GAYNOR SPEAKS At YALE
Tells Forum That Recall Is
Needed Only for Judges.
CRITICISES THE SOCIALISTS
Calls Competition Mother of Elk
cellence, but Share and
Share Alike" Fatal.

New Haven. May William J. Gaynor,
Mayor of New York. addressed the Yale
Forum tonight on the topic Are our
Courts Standing in the Way Of Social and
Economic Justice; and IL SO, by What
Authority"
Mayor Gaynor declared that I'm some In
stances the courts had used the constitu-
tional clause guaranteeing that no man
should be deprived OF his lifc liberty or
property except by process Of law 20 set
aside good laws The remedy. he said. was
the recall Of judicial decisions by constitu-
tional amendments lie said In part
At the outset let me say that do not
wish 10 have What ! say mixed up with the
question Of the recall OF public officials.
our terms of office other than judicial are
so short that there does not seem To me
any necessity for recall. We can recall
them quick enough at the end Of their
terms by leaving them at home
| do not think the threat Of the recall
should hang over any public official TO com
rel him TO do anything. Weak officials
would give way 10 IL and do things which
their sober judgment told them they ought
not TO do. That would be no more true OF
the Judges. however, than Of other officials.
| do not rate the Judicial department OF
the government as the most important. ON
the contrary. ] think II the least important
Of all Listening 20 mere private disputes
day after day. which is the work our
Judges are engaged In. does not compare 10
the important work OF our executive ON
Gals or of our legislatures. OF this ] am
very clear that If there should be re-
call OF public officials Il should include the
Judges. | know Of no reason To exclude
them especially in view Of their long terms.
Perhaps the subject "Distributive Justice
would as well III what ! have TO say; DIS
tributive Justice means that everybody VIII
lie dealt with justly as member OF society.
This does not mean share and share anke.
you cannot place every one on level.
the Mayor said, "and give to each the Same
share Of the total product. That would DO
away with all zeal and emulation, thereby
greatly decreasing the total product. The
ideal system would be for every one TO get
what he actually earns. That would leave
the whole field open To competition, and
competition has been and always will be
the mother Of excellence in all things. y
Continuing. he sad:
There is a provision in all OF our con.
stitutions that mo one shall be deprived
OF his life. liberty or property except by
due process of law" This meant TO physi-
cally interfere with him by arrest or i'm
prisonment, or some physical restraint. To
take mans property meant the actual
taking OF his OK or his ass or his house.
That was the understanding In this coun-
try M 10 about 1870 Then some court saw
the elasticity OF these words In this con
stitutional provision. They saw that the
word liberty might be stretched to mean
liberty in every respect-liberty TO work al
night II you saw fit, or to make any KIND
| OF contract and property meant any In,
| reference with the use of property, and
| so on.
some years ago the Legislature Of my
| state passed a statute prohibiting the man,
ufactlre of tobacco In the living rooms oil
| tenement houses. 1t did so In response 10
a general sentiment that little children
| should not pc born and brought up In poor
| Is nements in the fumes and smells oil
| tobacco But the highest court In my
| state declared this statute to be uncon'
deprived the tenant Of the liberty to &c
what he liked In his tenement. and alsc
| deprived him of his property by deprivinf
| him of this one use Of his tenements.
| WHY should not We In this country do al
has been done all over the civilized world
| namely, provide for those unfortunate peo
| ME who are hurt and manned and disabled
| for life by accidents from dangerous oc
\ cupations and machinery? We want 70 &c
| H. Our legislatures pass laws 70 90 IL
| Rut the courts step I'm and nullify these
! laws on the grounds which have stated Il
YOU. I say unto you that they have M
| snch authority | say unto you that thu
neonIe OF this country have the right e
| enact such laws and that The courts have
| M right to nullify them. What we ough
| IN do is to pass general constitutions
amendment forbidding such an interpreta
t,on TO be given to this constitutional guar
AMY by the courts that liberty and proper
| ~ shall not be taken except by due process
| ~ law. Instead of overrulng or recalling
| enc judicial decision after another by con
| stitufional amendment, we ought 10 put al
End 10 the whole business once for all.