The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-01-31

ADDRESS To BAR ASSOCIATION
OF SOUTH CAROLINA.
Distinguished Jurist, I'm speech H..
Tor south Carolina Lawyers, De-
ciarcs that Unjust Criticism of
Bench by Former President was
Bcxinning of Lowering M standard
OF Judlclary--Regards Roosevelt,s
Sr'ucasm a. Battle Against su-
prcmscy of Law.

"""'os jan zo.-Judge Al
ton ID. Parker. OF New York. who
once contested the Presidential cleo
ton with Theodore Roosevelt. deliver.
cd an address In this city tonight be-
fore the South Carolina Bar Associa-
ton. In which he expressed himself
as opposed to the recall OF the Judi
ciary. and took exception to some
CO the criticism OF the Bench made
In the past by MT. Roosevelt.
He sale In part:
'lf put into practice and carried to
ITS inevitable conclusion recall of
Judges Is the substitution OF popular
opinion for legal procedure-it Is
Justice or Injustice meted out. not
according to the law of the land. but
according to supposed public senti-
mont Recall OF Judges spells In the
ultimate result recall OF the judi
ciai system and the substitution OF a
vigilance committee.
Never before. think. In the his
tory OF civilization has any blind
'sader of the blind advocated as pro
gressive a return to the chaotic con-
ditions inherent In administration of
justice by caprice rather than by the
rules OF law.
The recall of Judges. however. is
lSt the first step toward the cherish
ed goal OF the leaders of the move
ment against the judiciary. Their ui-
innate aim Is the recall Of the power
of the Courts to declare void such
Legislative Acts a, are forbidden by
the constitutions. State and Federal.
What has happened OF late to
lead to favor stripping the mem
oers OF the judiciary OF their in
heritance and shearins them cr the
power to enforce the Constitution?
Surely the judicial standard has not
been lowered Of late. The cause OF
the change In puolic sentiment then
N not TO be found In the lowering
OF the judicial standard. 1t had It's
beginning during the incumbency of
the last President. More combina-
tons 10 restrain Grade and prevent
competition came into existence dur
inx his incumAency ~ the ofic,, than
In all our previous history.
When the protest OK the people
against the rising tide Of higher
prices began to be heard. nc sought
with his accustomed political shrewd-
meas to shift the responsibility from
he shoulders Of his party. To that
end he inveiged aaginst the impo-
tency OF the law and 'wep meaning
but fossiiized-of-mind Judges. lay
Ing the responsibility OF our evil
state OF the law and it's ministers
WAS ever accusation more un-
just7 From whence came the special
privileges against which protest Is
raisedf From the Courts? No. not
q single instance. They come by
statutes passed by Legislative bodies
and I'm most instances approved by
cnict executives.
The reports which came to him of
the effect OF his campaign against
the judiciary enabled him to go out
of Office fully appreciating that
through his skill his administration
and his party had escaped. for a time
at least. the responsibility which was
Justly theirs. What his present mo-
tive may oe we need not conjecture.
Ills grievance is that the decisions
are IN such fragrant and direct con-
tradiction To the sipirt and needs of
the times.' IL means to his multi
tude of readers that Courts should
decide. 1ot as the people have com
manded In their Constitution. but ac-
cording to the notion OF himself and
his followers as to the needs Of the
times
Through his leadership, while
President and since. a large and un-
informed following has been re-
cruited throughout the United States
who are waging. many OF them un-
consciously. battle against the su
premacy OF the law. The uniform
ed think because they have been de-
ceived. the Courts are in effect Veto
ing legislation that the people want.
not that the Courts are merely set
ting aside enactments that the people
have forbidden the legislative de-
partment Of the Government to pass.
IL they should he made To- under
stand the whole truth before II Is too
late. the movement. In form against
the judiciary. but In reality against
It's power To hold in check the