New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-26
TO COURTS DEFENCE
w. D. Guthrie Opposes Gaynor
and Roosevelt Criticisms.
CALLS ATTACKS UNFAIR
New Yorker Delivers Annual Adj
dress to Pennsylvania Bar
Association.
IBy Telegraph to The TrlbUas. J

Cape May. n. j., June Civilian d.
Guthrie, of the New York Bar, delivered
the annual address this evening before the
PENNSYLVANIA Bar Association, in session at
the Hotel Cape May Constitutional
Morality" was his topic. and he took issue
with Colonel Roosevelt, Mayor Gaynor and
others who had criticised New York de-
cislons OF one of Colonel Roosevelts
criticisms he said:
I'm form and substance IL is based upon
distorted and unfair statement Of what
was decided"
our judges are being assailed upon all
sides" said Mr.. Guthrie; they cannot de-
fend themselves; the bar at large has so far
seemed to be Indifferent, misconception OK
good taste restraints the counsel engaged IN
the cases which are criticised. and the peo-
pie are being misled. Is 1t not high time
that the members of our profession should
charge themselves with the duty of putting
the facts before the people?"
Both the Mayor and Colonel Roosevelt,
said Mr. Guthrie, had criticised the decision
in the tenement house tobacco case. The
principle of constitutional law recognized
and applied, he said, was that an indi-
Nluudl cannot We IohC n NhiiiiAoA 49,
ing at a lawful trade in his own home and
cannot be compelled by discriminatory
legislation TO labor in crowded factory
Mayor Gaynor Mr.. Guthrie said, was MIS-
taken when he imagined that philanthroplc
men and women were behind that legisla-
ton.
The promoters OF the law, Mr.. Guthrie
declared were factory owners, VINO soughI
to crush the competition OF Independent
workers. There was absolutely nothing
in the case" said Mr.. Guthrie. Ito support
Mayor Gaynors statement that any one
had ever seen little children born into this
world and brought up In bedrooms and
kitchens in the fumes and odors OK to-
bacco.'"
Mr.. Roosevelt" Mr.. Guthrie continued,
rs reported as having said in one OF his
speeches that the decision of the court in
this case retarded by at least twenty years
the work of tenement reform Yet the
truth is that this decision did not retard
tenement house reform by a single day.
This reform has been accomplished in New
York by subsequent laws without any
amendment of the state constitution"
Another case in which Mr.. Guthrie took
against Mayor Gaknor and Colonel Roose-
Welt is what is known as the Bakers
case"-People against Lochner.
Mr.. Guthrie likewise objected TO the criu-,
cism by Colonel Roosevelt OF the decision
of the Supreme Court, which held that a
widow could not recover damages for the
death of her husband under the national
workmen's compensation act.
The report Of the committee on judicl-
airy dealt largely with the prevalent criu-
cisms Of the courts and the proposed re-
call of Judges. The committee considered
the attacks ill-advised and condemned the
recall as a crude and mistaken device
which would result in evils worse than
those sought to be remedied.
The opening address was delivered by
George r Bedford, of Wilkes Barre, pres
ident OF the organization. He compll-
mented the association on the legislation
OF last year resulting from It's efforts,
especially on the right esta blished Tor the
individual to sue the state.