The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-01-11
Declares Theodore Roosevelt
in Discussion of Judges
PROPER Powers. 3.
1AKkSHOP DECISION
Is Designated by Him AS One
Resulting in Very Great
Wrongs.

wrongs.
NEW YORK, Jan. 5-Theodole
Roosevelt discusses Judges and
Progress" in an editorial appearing
in the current issue of the Outlook.
lie says in part:
Let me, at the outset, put SO
clearly that only wilful misrepresen-
tatIon can deceive people, just what
my position as to the courts is. !
have the very highest regard, the
highest respect and admiration, for
the judiciary, AS whole, think
that our judicial officers stand on q
higher level than any other body of
public servants, or, for the matter
of that, of private citizens. could
name offhand at this moment a num-
Der of judges now on the bench who
render to the people more substan-
tlal service OF more far-reaching
value than is rendered by any other
men in public or private life--and
all these judges substantially agree
with the position herein taken,
which, indeed, is largely derived
from them. believe the courts
have rendered our people incalcu-
liable services. / hold that the at
titude of our people towards them
should be one OF appreciation and
respect; but not of servility.
40 81" 1 most emphatically be-
lieve that we have been wise in Civ
ing great power to our judges, IN
Guiding this power of judicial inter-
probation, of statutes to see whether
they conform with the fundamental
law of the land. But | also most
firmly believe that, like any other,
this power can be abused, and that
it is a power with which the people
have merely temporarily parted,
and not one which they have per-
manently alienated. Used cautiously
and moderately and only in the
clearest cases, as it has been used
by our greatest judges from the
days of Marshall to the present time,
rs it is defended by writer's such as
Mr.. Thayer. it is fraught with the
utmost good to the body polite.
Used recklessly, wantenly, and fool
ishly, where the case is so doubtful!
that the judges themselves may be
divided nearly equally on the two
sides lin the Bakeshop decision,
first and last, twelve judges held
the law constitutional and only ten
including, however, unfortunately,
five OF. the nine supreme court
judges, held it unconstitutional) az
it has again and again been used in
recent years, it results in very great
evil
- I am not speaking of
the judges performance of ordinary
Judicial function as performed by
judges in all lands, the function of
the type which people all over the
world have in mind when they
speak Of the uprightness of the
judge, of the independence OF tho
judiciary. i am speaking Of the
peculiar function of the American
judge, the function OF no other
judge in the world, the function of
declaring whether or not the people
have the right to make laws for
themselves on matters which they
deem of vital concern. / am not
speaking of the Judge in his atti-
tude of judge when. by virtue of his
position, he declares that the peo-
pie as 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
to nullify the wishes of the enor.
nous majority Of their ninety mil.
lion fellow citizens, a power which
has been exercised repeatedly, some.
times wisely, sometimes very I'M,
wisely. Bear in mind that 1 am moi
at this time even referring to decls
ions dealing with the question Of
the respective spheres of action o.
nation and state; have in mind de
cistons which declare the people
themselves have no power to act
through either the national or state
governments
During the last twenty-five
years the courts here in New York
helped, l am sorry to say, once o
twice by the supreme court of thu