New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-01-06
OWE MUCH TO COURTS
Roosevelt, Writing on Judges
and Progress" Defines Attitude.
NO PLACE FOR SERVlLITY
Advocating Popular Vote as
Final Decision in Certain Gases,
Calls Himself Conservative.

Theodore Roosevelt discusses Judges and
Progress in an editorial appearing In the
current issue of The outlook" saying in
part;
Let me, at the outset. put so clearly that
only WIlful mlsinterpretation can deceive
people Just what my position as 10 the
courts Is. have the very hiGnest regard
the highest respect anu admiration, for the
judiciary. AS a whole, | think that our
judicial officers stand on higher lever
than any other body OF public servants, or
for the matter of that, OF private cltHens'
] could name offhanG at this moment a
number Of judges now on the bench VINO
render TO the people, more Suostanual ser
vice, Of more farreaching value, than Is rem
dered by any other mer in public or private
hfe-and all of these judges substantially
agree with the position herein taken; M1icni
believe the courts have rendered our PEG
PIE incalcuablc services. | hold that the
attitude Of our people toward them SHOULD
he enc Of appreciation and respect but not
most cmphatically believe that We have
been wise in giving, great power 10 our
judges, including this power OF JudlClaL
INTERPRETATION of statutes to see whether
they confirm with the fundamental law OF
the land But | also most hrmlN oeheNt
tina. like any other power. this power car
lie abused. and that II Is a power WIN
which the people have merely temporary!
parted. and not one which they nave per,
nanently ahenated. Used cautiously and
moderately and only in the Clearest cases
as,it mas heen used by our greatest judges
from the days of Marshall TO the present
time as II is defended by writer's suct
sS Mr. Thayer. il is fraught with the Ut
,ucst good 20 the body poliuc. Osed reCk-
lcssly. wantonly and foolishly. where tn'
case is so doubtful that the judges them-
selves NAV be divided nearly equally on
the two sides Gin the bakeshop decision
first and last, twelve Judges held the la"
constitutional ard only ten including now
ever. unfortunately. five Of the nine SUI
rreme Court judges, held II unconsutu-
fiCnaN as il has again ana again uteu
used in recent years, II results III \e'S
great evil.
Mr.. Roosevelt then goes. on to say that
p.bon courts have declared the people have
no right to act they not only have usurped'
or at least exercised in wholly wrong fash
ION. power properly and clearly abiding
ir the people. but that they have thus
strained TO the utmost, and, indeed IN his
Judgment, violated the Constitution IN Or
der TO sustain a do-nothing philosophy
which has everywhere completely broken
down when applied to the actual conditions
Of modern life.
lie earnestly hopes 10 see In the next
New York state constitutional convention
he declares. provisions incorporated In the
constitution which will enable the people
20 decide for themselves. by popular bal
lot after due elaboration. finally and with
ont sppeal. what the law Of the land shall
ne in cases such as those he has men
tioned. where the courts Of the state have
refused TO allow the people to establish
Justice and equity. He goes on as follows:
am sure that ultimately our people
must. and will, come to the view ina
The nation and the states within thei
several Spheres-spheres which must cover
every particle OF the ground where IL i
possible for government TO act AT an -
decide as wisdom and experience Sha
dictate as 10 all the conditions which shaL
obtain in tenement houses. IN tacto pres
women and children in health, HE anu
limb If they so decide, and are really
bent upon having the 9eclsion or ter
IT, one way or another be forceQ 10 CIV
II effect II is idle 10 say that the peOpie
as a whole have not the right to declue
ornamental policy. 1t is in no shape or
way one Of the few questions where the
5ytgbt and Where It is their duty to go
counter 10 the wishes of the people. !
90 not mean that there are no such cases
on the contrary, ! nod that not only tie
iudge but the legislator or executive may
at times find that his highest duty 70 tne
people is TO resist the VIII OF the ,people
Il some question OF real or vital prlnclpIe,
Of right or wrong, is at stake. Eut his
usefulness IN standing ruggedly Tor ms
own convictions in such cases Where the
moral law is at stake will largely depend
upon his not having refused 10 represent
The ponulsr will when the people had a
right to have their will respected:
10 public servant who is worth his SAT-
should hesitate to stand by his conscience
and IL necessary. to surrender his office
rather than TO yield his conscientious con-
victions in a case OF genuine importance
nm while that is his right and his duty,
C,Ir right and our duty Is to see that he
6 responsible to us, TO the people; and
hold with Abraham Lincoln, that we are
,-,anentlv surrender the right TO shape our
destinies and place this right in the hands
OF any men not responsible to u.s.
In closing Mr. Roosevelt declares that
what ne advocates is not revolution, not
wild radlcalism. but the highest and wisest
kind Of conservatism.