New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-02
which they wish to see embodied In the
law.
Cites Court Decisions.

Cites Court Decisions.
IT is always much easier to show what
you mean by concrete cases thap by
mere abstract generalities, and I wish to
recite 10 you three or four decisions or
the Court Of Appeals OF New York rem
dered during my lifetime in politics TO
snow to you why | became convinced that
II was necessary for US to have a change
In our system of judicial decisions on
constitutional questions in this state.
Thlrty-tWo years ago. when left col
lege and began my education, accepted
without protest the conventional view
still held by the worthy gentlemen who
have signed the call which just alluded
10. And the first thing that opened my
eyes at all was an experience / had In
the New York Legislature. was ap-
pointed one OF a committee of three to
go into the tenement house district
where cigars were made and investigate
the conditions / went down and in
yesttgated the conditions there, and suf-
fersd q complete change of heart and
MADE up my mind that ! would have to
deal with those conditions. not on a
basis Of wha | had read in the study,
but on a basis of what 1 saw happening
In the lives Of the men. women and chill
dren who were my fellow citizens. law
was passed, but the net result was that
the Court of Appeals declared II uncon-
stitutional and said that the Legislature
must not interfere with the sanctity Of
the home. / am not attacking the judges
who rendered that decision. They were
upright, well meaning men, who did as
they conscientiously believed they ought
to do. They were unfortunately the dew
otees OF an outworn system of political
philosophy, and still more unfortunate
in that they had been trained in a school
which taught them that they and not
the people Of New York were to decide
what kind OF law should be passed in the
interests OF social justice.
one or two more examples that
wanted to give you. There was a law
passed by the Legislature providing that
factories must safeguard dangerous ma
chinery. And II not, that they would be
responsible for the loss Of life or limb
And the factory owners at once put a
clause into their papers of employment
OF any man or woman, making the man
or woman surrender any right Of action
under that law; and girl lost her arm
a working girl lost her arm, thanks due
Il wheel being unprotected. She sued,
recovered for II In the lower court and
the Court Of Appeals threw out the case
and declared the law unconstitutional on
this ground-that the Legislature could
In losing her arm.
Again, we passed a law In this state
We FOUND by investigation that In certain
factories and sweatshops women were
working twelve and fifteen hours a day
ana up until after midnight. We passed
a law much mllder than l would like to
have seen II. limiting the hours of women
IN industry to ten day, and decided that
they should not work after 9 o'clock at
night. The Court Of Appeals in New
YORK decided that we could not pass that
type of law.
Affected Obscure Persons.
have spoken of decisions each one
OF which affected one obscure man or
woman; each one of which affected a
q n lrN.l liz Nff.1 Ia -
friends no means TO hire great lawyers,
10 means to influence great newspapers
no means OF appealing 10 public opinion.
/ have spoken of cases which, when de-
cided, created hardly ripple in the cir
Giles or society that are most influential,
but each one OF them served as a precc-
dent for Expressing. for doing Injustice TO
scores OF thousands-I do not think l
overstate when ] say hundreds Of thou
sands-Of other men and women, no one
OF them Of influence individually or with
Influential friends. but all taken together
representing a majority OF our citizen
ship.
Now, I wish to make my appeal prima-
rily to the sense Of justice OF our people
and secondarily, ] would make II TO those
admirable. well meaning people who have
been responsible IT. the past for putting
on the bench the Kind or Judge who has
rendered such decisions, and l would like
to tell them that while they may gain
temporarily by such decisions. that in the
long run those decisions do damage
greater than can be done by the rawlings
OF any anarchist orator in the country
TO the cause or justice and order and
good government.
And now. friends. you will see what
mean when / say | do not care a rap
about the technical craftsmanship in
rendering such decisions as those OF which
have spoken-do not care whether they
are rendered by a court half Republican
and half Democratic, or all Republican
or all Democratic-I am against the
court, however, which renders such de-
clslons as those, and that Is why / say
wish 10 see put on the bench as judges
men who, being absolutely fearless IN
the discharge Of their judicial functions,
will also take the view of the Constitu-
ton, which will enable them whole
heartedly to recognize the right OF the
people themselves to set the standard IN
every such matter Of social and Indus
trial Justice.
Controller Prendergast in introduce
ing Mr.. Straus, called the attention OF
the audience to the fact that there had
been more interference with New York
city affairs by the state government at
Albany under Dix than there had been
in many years. He read telegram
from Father j. J. Curran, OF Wilkes
Barre. Penn, who was to be a speaker
ot the meeting, which was a personal
message OF the highest commentator
TO Mr. Straus.
"The corrupt bosses are endeavoring
10 belittle the new party, but are AFRAID
70 say a word against you personally
Father Curran wired, and the senn-
ment reused the Garden to a frenzy OF
applause.
When Mr.. Strauss ovation was over
the wits of the audience were ready
with a brave array OF shouted mes
sages.
You're all right, Governor was the
first. and it came before Mr.. Sraus
had a chance to say a word.
Don't get so familiar with the GOV
amor" was the next comment, and
then the candidate was able to make
himself heard.
The Republicans have put up very
estimable gentleman. He is my frienu
MIR. Straus got that far, when a
leather-lunged enthusiast in the gallery
shouted:
He's bum" and another, What's
his name?"
"I don't recall his name just now
nd with that