Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-20
oeNAroR aAvo JuoT.cg otsoUko
@ PLACED ADovE pusllc
sENrMEMT. I
LAWvERs. sLAMEo ron 4.
VIEWS WILD ~ PODllo
Desire Of Attsrnsys - oe&ain SNRsasns
ity Arousss ,rs - Psspis- Niske ~
Weak Against oarsns MUst D W.
hsld-Judsss Only Interpreters ~
law-Addrsss Dsfsrs AsseslaAisA

New York. Jan. Ex-senator Elihu
Root in an address here last night
staunchly defended both the state and
federal courts of the country and de-
nounced the principle underlying tho
recall Of judges. The senator. a. pres
ident of the New York State Bar Asso-
citation, spoke at the annual meeting
OF that organization. His theme was
Judicial Decisions and Public Feel;
ing"
Speaking OF the increasing tcndsncy
among Americans toward impatience
with the courts whenever judicial De.
cisions do not agree with their Wishes.
Senator Root said the provisions Tor
the recall Of Judges already adopted In
some states and widely advocated In
others. were an exhibition of this Inn
patience and demand for more un
checked opportunity to make ths
judges feel Its effects.
Justiee Above Majoritios.
1T abandons absolutely the conosp.
tion Of justice which ID above ma.
jorities. Of a right in the weak which
the strong are bound to respect" sAid
he. TT denies the vital truth taught
by religion and realized In the hard sk !.
perience of mankind, and which has In
spired every constitution America has
produced and every great declaration
for human freedom since MaGnA
Charta-the truth that human nature
needs to district its own impulses and
passions and to establish for its own
control the restraining and guiding
influence of declared principles OF ac-
! ton"
Admitting technicalities and delays
| which impede the course OF Justice. the
speaker thought the courts less re-
| sponsible for these SHORTCOMINGS than
the bar, ana Justly 30 inasmuch - tho
l,bur-0saAss upsa GreAt-part Of an the
legislatures and is respOnsihle for tho
| stupid and mischievous leRislati0n re-
harding procedure which hampers tho
courts in their efforts to do justlce. :" r.
1T Is the bar he continued. (which
knowing all the facts and familiar with
all the evils, insists upon the continu-
| ancc OF our methods TO promote tho
immunity Of criminals and the him
drance Of justice to the point OF de-
NAL"
Judge Only Interpreter.
| Turning to the problems OF the ap-
plicntion OF the law. Senator Root re-
| minded his hearers that the Judge Is
always confined within the narrow
limits OF reasonable Interpretation md
said: ut Is not his function or within
his power to enlarge or improve or
change the law. His duty Is to maintain
It, to enforce It, whether It be good or
bad, wise or foolish accordant with
sound or unsound economic policy.
1T is very important to have re-
| formers and advocates OF all good
causes and thoughtful lnd public spir-
| tied citizens who are keenly alive ta
the defects in our system OF laws and
solicitous to find means to cure them.
But the courts are excluded. by virtue
Of the special duty imposed upon them.
from playing any OF these parts. Their
duty Is to maintain and enforce tho
law as 1t Is Mt the m moment. to interpret
II in sincerity and truth under the
sanction OF their unths and II the spir- :
1t OF Justice, to accept Loyalty every
change made In It by the lawmaktng
power, but to stand flrmly against any
attempt to ignore II or nullify u ex-
cept by the legitimate action OF thd
popular sovereign"