Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-01-05
FavOrs Law which Would
isiye People Final Say on
COnstitntionality Of Laws
Affecting Public Interest.
WOULD NOT DEPRIVE
COURTS OF POWER
High Tribute Is Paid to Late
William M. Moody as One
Of the Greatest Of Lawyers
and Judges.

Hsy Eveniam mernia a. p. Leases wfrel
New York. Jan. B.---rheodoro
Roosevelt discusses Judges and
Progress in an editorial appearing
IN the current issue Of the outlook.
lie says IN part
Let me. az the outset put Il so
clearly that only wiiful miaihterpre-
tation can deceive people. just what
my position an ~ the courts Il.
have the very highest regard. the
highest. respect and admiration for
the Judiciary. A. a whole. ! think
that our judicial officers stand on a
higher levC Than any other body Of
public servants. or. for che matter
Of that. % any private citizens.
~ could name Ofihand at this moo
nens a unmbcr OF judges now on tho
bench Who render 20 the people more
substantial service ~ more far-reach-
Ing value than j rendered by any
either men iu public or private llfe~-
aud az % ,nlsc judges substantially
agree with the position h.relh taken
which ifdg = Is largely derived from
them. 4 pencff the courts have REM
dcred cur people incaicuiahle serv-
Ice. hold that the attitude of our
people toward them should be one oi
appreciation and respect but not OF
scrvlllty
II most emphatlcallv believe that
we have been wise In giving great
power 20 our judges. including thls
power 81 judicial Interpretation OF
statutes ~ see whether thcy conform
with the fundamental law or the land
But ! also laost firmly believe that
like ans other power, this power can
be abused and that q Is lowcr
with which the people have merely
temporarily parted and NOT which
they have permanently eliminated
~ am not speaking Of tho Judges
performance 81 the ordinary judicial
fuactions 4 am Spending OF the
/ sliglBt 'wlft4is ~ 'ysgfde 6s his 'pogn 6h
ne declared that the people ~ q
whole have. or have not. the right
To carry out given policy. a power
which may give one man or three
men or five men. the right 70 nullify
the wishes OF the cnormous majority
OF their 90 million fellow citizens, a
power which has boon exercised re-
peatedly sometimes wis y, 'mt-
times very unNlsely.
''3ear IN nj thai ri
this time even referring 80 e., ... as
daaling with the question OF he re-
npectivp spheres Of notan ~ nation
and ststrF ( have la mind decislons
which declare the people themselves
have no power 20 act through either
national % the state governments.
During the last Twenty-Five years
the court here IN New York, helped
] arm sorry 10 say once or twice ~
the supreme court Of the nation, have
thrown what AZ times have proved
weil-nigh OF alelyWether insurmount
able obstacles IA the path or needed
social reforms.
II hold not only that the courts
in these matters have usurped or a
least exerclsed In wholly wrong fash
ibn g power properly and clearls
abiding in the people, bat that thel
have thus strained TO the utmos
Cand indeed. IN my Judgment. vio
latedl the constitution, IN order Z,
sustain do-nothing philosophy
which has everywhere completely
blown down when applied 10 chs
actual conditions 81 modern life.
when / was president the man q
whom ! owed most for guidance al
80 the proper attitude that COURT
should take In matters such as thes,
was Mr. William M. Moody, after
wards justice 81 the supreme court
who during hiss lamentably shos