The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-22
COURTS ARE DEFENDED

Continued From Page One
IN the hard experience of mankind. and
which has inspired every constitution
America has produced and every great
declaration for human freedom since
magma charta-the truth that human
nature needs to distrust it's own i'm
pulses and passions and to establish
for it's own control the restraining and
guiding influence Of declared princi-
pies OF action"
After stating that upon "the preser-
walton of the law as it is at every mo-
ment in it's course of continuous
chang and development. depend upon
the preservation of order and the per-
petuity Of free institutions Senator
Root said:
IF this view is to be changed and
the decisions of our courts are TO be
considered in the same way and upon
the same Prescriptions and with no
greater respect for authority than in
the case Of political opinions, the
authority of the courts will inevitably
decline, the independence of the iudic-
ial branch will cease. judicial decis-
ions will interpret the law always to
suit the majority Of the moment, and
the recall will be the natural and logi-
expression of the relation to be
assumed between the people and the
courts"
h cause of this impatience said
Senator Root, does not arise from any
deterioration in the character, OF the
judges and he stated It as his belief
that there eve had been q time when.
the favor Of the rich or OF men power
.ul In social or business affairs played.
SO small a part in determining the Sc
lection of judges. Admitting technic-
alities and delays which impede the
course Of justice, the speaker thought
the courts less responsible for these
shortcomings than the bar and justly
30 inasmuch as the bar makes up a.
great part of all the legislatures and
is responsible for the stupid and mis-
chievous legislation regarding proceed
ure which hampers the courts in their
efforts to do Justice" af (.
1t is the bar" he continued, which
knowing all the facts and familiar with
all the evils, insists upon the. contin-
Iance OF our methods to promote the
immunity Of criminals and the him
drance Of justice to the point of de-
NAL.
Must Be Gradual.
When the speaker had outlined the
new conditions that confront the coun-
try incident to the extraordinary in
austrial, development Of the last half
century and which demand the read
iustment OF relations between great
bodies Of men. and the establishment
Of new legal rights not contemplated
when existing laws were passed or ev-
sting limitations upon the power of
government were prescribed in the
he declared that the re-
adjustment must Of necessity be a
process.
Ultimately" said he. step by step,
through the ordinary processes of self
government, through investigation, ed
l~cation, the spread Of true understand
.ng Of facts and full discussion. the
of readjustment is being work
I'd out and will be worked out to con-
,orm to the mature, instructed, con-
siderate judgment Of the self govern
ng people Of the country"
Problem Of Application.
Turning tt the problem Of the appli-
Of the law, Senator Root re-
his hearers that the judge is
confined within the narrow
limits of reasonable Interpretation and
aid: t"It is not his function or with
n his power to enlarge. or improve, or
the law. His duty is to main
ain it, to enforce it, whether it be
rood or bad, wise or foolish, accordant
With sound or unsound economic pol
cy. 1t is very important to have re-
ormers and advocates of all good
and thoughtful and public spir-
ted citizens who are keenIy alive to
he defects in system of laws and
olicitous to find means to cure them.
But the courts are excluded, by virtue
f the special duty imposed upon them.
playing any of these parts.
their duty is to maintain and enforce
he law as 1t is at the moment, to in
erpret It in sincerity and truth under
he sanction Of their oaths and in the
pirit Of Justice. to accept loyalty every
hange made in 1t by the law-making
over, but to stand firmly against any
tempt to ignore 1t or nuIlify it except
y the legitimate action of the popular
overeign in its making of statutes in
Uniformity to the constitution. If a
community is not satisfied with the
Nv as II is declared by the court to be,
he thing really desirable is, not to CO.
rec or reconstruct a court to say that
he law is what it is not. but to make
he law what the community wishes it
o be-"
Senator Root emphasized he fact
hat q fundamental idea of this govern
nent is that all the officers to whom
he people whether of the nation or OF
he state. entrust the powers OF Cow
rnment shall be subject to certain
prescribed limitations upon
heir power. A second and equally
necessary feature of this governmental
ystem is that these limitations. both
hose which distribute Official powers
nd those which declare the great rules
i conduct, must be prescribed imper-
rather h with reference to
particular cases or particular exigen-
les or particular individuals, a third
eature Of the system, which is d nee
,ssary coroIlary to the other two and
essential to them is the vesting Of
in the judicial branch to- deter
nine WREN the action OF the legislative