New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-04-11

! seems to have forgotten the honors pc
slowed upon him by his party and by the
people Of the country: lie seems 10 -.
unmndfu of the dignity and deportmeuI
OF one who has filled the most exalted po,,
sitiOn in the gift Of man. We expect anu
tolerate the actions and utterances OF tuo
Ordinary politician 91I IL IL s.o &C. ~ and
power by appealing 10 passions, pfeludlSes
and hatreds, and whose most powerful Of
gument is denunciation Of the motives anu ir
honesty Of those who oppose him. ne
would substitute the biassed. warped ana
infamed opinions Of the multitude Tor tne
Judgment of those acting IN luulSiaa
capacity, based on sworn evidence WelHnrsu
and balanced by those rules and principies
which have been brought forth from me
crucible OF time to insure justice 10 lne
poor and the rich. the weak and the strohS'
Senator Jones said he did not purpose to
discuss the judicial recall, but would notice
only the latest suggestion advanced for the
guidance of those acting in a judicial capac-
ity. He quoted at some length from Colo
mel Roosevelts comment upon the Lorimer
case in his speech Of March 30 in Detroit,
in which the ex-President charged that
Senators Dillingham;. Gamble and Jones
were reactionaries because they recon-
mended that Lorimer be permitted to re-
tain his seat. Senator Jones said:
This argument may have caught the
fancy of those who listened without grasp
ing the full significance of the statements
made: but no proposition was ever hu-
vanced by the widest anarchist more SUD
versive of the principle of human justice
or human rights and good government IMAM
the principal suggestion contained In TINS
statement.
Senator Jones argued that the constitu-
ents of the Senator'S named would want
them to vote on the Lorimer case accord
ing to their conscience. lie said he did
not believe there could be found within his
state one who IS such reactionary as to
approve 1.-THE rule of judicial conduct prac-
tlsed by Pontius PLATE" He went on;
Must Disregard Law.
II Mr. Roosevelt made the suggestion
seriously, it IS shocking. II he made II
ignorantly, il Is pitiable. If he made it to
secure votes, It is despicable.
You viii note that this Is NOT Suggestion
that the Judges shOull decide a case ac-
cording TO their judgment of the law ana
the evidence and then allow the people TO
pass upon t. II goes further ihan tliat' ~
suggests that the people snail make me
decision, that the judge shall disregard the
law ana the evidence and try TO ascertain
what he thinks the people desire 10 be
done I'm the case and then act I'm accordance
with what he believes is their judgment
I his proposition is so extreme. so shocking;
50 contrary to all principles OF enlightened
iurisrrtIdcncc so antagonstic to the basic
principles OF judicial action That have been
brought forth In tho CruciDle OF time Tor
the protection OF life. liberty and property
that cannot conceive of the state of mind
or the purpose that prompted it's utterance.
I leave this mystery for the people them
selves to solve.
II this rule is to be followed then judges
must instruct jurieS that they are not TO
decide cases upon the law and the evidence
submitted to them, but they must endeaV0r
to find out what the public sentiment is
with reference to the matter at issue ana
decide il in accordance with that. Judges.
instead Of instructng the jury as TO what
the law is. should try 10 tell them what the
public sentiment is
Senator Jones said he had wondered a
, few weeks ago why 1t was that attorneys
would not allow Colonel Roosevelt to act as
q Juror. Ie added: Il understand now.
Senator PoindeXter. taking up his COL
leagues comparison of Roosevelt TO Pom
thus PLATE. asked Senator Jones II he meant
IN draw a parallel between Senator Lorimer
and Jesus Christ. Mr. Jones did not reply.
Senator owen made a speech In reply
IN Senator Jones. which was devoted
mainly to a denunciation Of the mob when
demanded the crucifxion OF Christ and the
weakness of Pontius Plate, who was rep
resented as an appointee OF the Roman pat
ronage system and a tit SUBJECT lot 'he
recall