Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-01-09
MORE FREEDOM FOR
COURT RULED LAND,
ROOSEVELT PLEADS
Unfit to Be Called Free People
if We Surrender Right to
Shape Our DeStinies to Judi
ciary, is His Opinion

NEW YORK, Jan. 5.-Theodore Roose-
welt discusses Judges and Progress" in
an editorial appearing in ths current
issue OF the Outlook. He says in part;
Let me, at the outset. put 50 clearly
that only wiIfui misinterpretstion can
deceive people. Just what my position
as 10 the courts is. I have the very
highest regard. the highest respect and
admiration for the judiciary. AS whole.
think that our judicial officers stand
on q higher level than any other body
OF public servants. or for the matter OF
that OF private citizens. I could name
offhand at this moment a number OF
judges nov On the bench who render
to the people more substantial service
OF more far-reaching value than is rem
dered By any men in public or private
life-and all OF these judges substantial
" agree With the position herein taken,
which. indeed. Is largely derived from
them believe the courts have rem
dered our people incalculable services
hold that the attitude OF our people
toward them should he one OF apprecla-
ton and respect: but not OF servtlity-
I most emphatically believe
that Ne have been wise in giving great
power TO our judges. including this pow
CT OF judicial interpretation OF statutes
TO see whether they conform with the
fundamental law Of the land. But
also most firmly believe that. like any
other power. this power can be abused,
and that Il IS a power with which the
people have merely temporarily parted,
and not on one which they have perma-
nentIy alienated. Used cautiously and
moderately and only in the clearest
cases as il has been used BY our great
est judges II 9m the days OF Marshall
TO the ureSeni time, as IL Is defended
by wr--ers such as Mr.. Thayer, it Is
fraught with tie utmost good 70 the body
polite Used recklessiy. wanio only and
foolishIy. where the case is so doubt
ful that the judges themselves may be
DIVIDED nearly equally on the two sides
Gin the bakeshop decision first and last,
~ judges held the law constitutional
and only 10 including, however. unfortu-
rately. s OF the supreme court judges,
held X Unconstitutional as IL has again
and again been used IN recent years. II
results IN very great evil
PEOPLE CAN'T ACT.
am not speaking OF
the judges performance or the ordinary
judicial wunction as performed by judges
III All lands. the function OF the type
which people All over the world have
IN mind when they speak OF the upright
ness OF the Judge. Of the Independence
or the judiciary. I am speaking OF the
peculiar function OF the American fudge.
the function Of no other judge in the
world. the function Of declaring wi1etner
or not the people have the right TO make
laws for themselves on matters which
they deem o. vital concern. / am not
speaking o. the Judge IN his attitude
Of Judge between one individual and
another. or one individual and the statss
T. am speaking Of the Judge when. BY
virtue % his position. he declares that
the people as a whole have or have not
the right 70 carry out a given policy.
mower. which may give one man or three
men or five men the right TO nuilify
ne wishes OF the enormous majority
~ their so0W.oeo fellow citizens. power
which has been exercised repeatedly.
sometimes wisely. sometimes very I'M
wisely. Bear in mind that I am not at
this time even referring to decisions
dealing with the question o. the respec-
tive spheres OF action OF nation and
state: I have in mind decisions which
declare the people themselves have no
power 70 act. through either the nation
al or the state governments.
BLOW TO DECENCY.
During the last IS years the courts
here In New York helped, i am sorry
20 say. once or twice the supreme court
Of the nation. have thrown what at
times have proved weIlnigh Or altogeth-
OF needed social reforms. ] have al
ready alluded to the decision Of the
New York court which forbade the peo-
pie Of New York through their legisla-
+tyre 10 interfere with certain kinds Of
tenement house factories. Almost with
out exception every intelligent social
worker whom have ever met. every
man really interested in the Deterrent
Of social and industrial conditions among
In frfn
homes 10 the working people in great
cities. and la giving better conditions
Of Etbor 20 them when they are at Ia
bor-aimozt without exception every enc
qualified TO judge on these matters has
agreed that this decision was blow to
decent citizenship. blow to the effort
10 achieve genuine reform, genuine bet
terrnent OF social conditions. OF so sew
we're q TatuIe that its mischievous ef-
fects can hardly be overestimated
haveino doubt that the men making the
decision were upright man OF high char
actcrs but they did az much damage
as the worst legislative body, actuaTed
by the worst motives could possibly
have done
CONSTITUTION VIOLATED"
~.ssss.s I hold, not only that the
courts in these matters have usurped.
or at least exercised in wholly wrong
fashion. q right clearly abiding in the
people. but that they have restrained to
the utmost fand, indeed. in my judy
lnent vioIatedJ constitution in order to
sustain a do-notnins philosophy which
has everywhere completely broken
down when applied 10 the actual con-
ditiOns OF modern life. These good
Judges. these upright and wen-meaning
men. who champion an outworn phil
osophy, do not realize that the changed
conditions mean changed needs ana
that the tremendous social problem Of
today cannot be solved by methods
adequate TO meet the infinitely simpler
problems offered by industrial and So
ciaI life q century ago.
-"@ss"-s" When I was president. the
man 20 whom I owed most for guidance
as 10 the proper attitude that courts
should take I'm matters such as these
Justice OF the supreme court who dur
fnz his IamentabIy short term OF ser
vice gave promise OF being one Of the
greatest who ever sat on that court.
IL was he who called my attention to
the first essay in Professor Thayers
book OF legal essays on the origin
and scope OF the American doctrine on
constitutional law Nowhere else is
there a clearer statement 10th OF the
advantage OF comforting upon the
NruW