New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-16
GAYNOR SURE COURTS
BLOCK SOCIAL JUSTICE
Favors Recall Of Judicial De-
CiSionS, but Says Roosevelt
Didn't Invent Idea.
lNTERPRETS MAGMA CHARTA
MAYORS Talk at New Rochelle,
Brimming with Quaint
illusions, Stirs Audi
ence to Laughter.

NIavor Gaynor criticised the appellate
courts of this state and the supreme
courts Of this state and the Supreme Cour'
81 the United States yesterday before the
he reached 2 point when he thought IL
prudent TO say:
81 hone Won will forbear If I do not
pursue the thing further. because some
times I am prone to crack Jokes, ana
whenever / do people always take me
seriously. And l don't want to be disre-
spectful."
The subject which he had set himself 10
discuss was do the Decisions OF Our
Courts Stand in the Way of Social JUS
,ice. and. IL So. by What Authority
He decided comparatively early IN MS
address that they did. He cited the oe-
cision of the Court Of Appeals on the Ia"
forbidding the manufacture OF TOBACCO
nroducts in tenement houses, passed III
1870; the United States Supreme Court
dacision I'm the bake oven case. the Court
Of Appeals decision against the statute
forbidding the employment of women ia
factories between o'clock at night ana
6 o'clock in the morning lts oecisio,'
against the employers liability act anu
finally. the reversal of one Of his own ue-
cisions rendered in support OF Ia"
which forbade an employer hiring chii-
dren under thirteen years Of age 10 "orA
with dangerous machinery. These ue-
cisions he found absolutely indefensioie'
Tobacco Decision Led Way.
Most of these decisions, he pointed out
resulted from an Interpretation OF the
constitutional clause against deprlVlhs
man of life, liberty or property without
due process Of law made by the Court oi
Anneals I'm the tobacco case in 1870. lie
went on:
This tobacco case started the thing go
ing. 1t was like Jack ana Jlil iIo hie
down hill-"Jack fell down ana proke ms y
crown and jill came tumbling after.
And they have all tumbled TO tue Oo''oi'
Of the hill, 1 think
4 little later he phrased this more SCI
entifcalIy. adding to it prophecy as
follows:
BEGINNING in 1870 they Uhe judges of
me Court OF Appeals established con-
stitutional exegesis that rs aoSoIutelA
false and l am just as sure as starr
mere that 1 shall live to see II swept d"a'
The former Supreme Court justice
frankly favored the recall Of judicial oe-
,isions but he didn't make it plain that
he favored the method advocated by
Colonel Roosevelt in the recent campaign.
Instead, he said:
Roosevelt thinks he invented the IeCdIl
Of judicial decisions. but IT'S az old as the
hills And vet some people think that Oy
advocating Il We are pulling down the
pillars of the temple. Why, from inc
heginnipg of history in this country
when The courts decided something In a
way we wouldn't have, We went 10 ine
LEGISLATURE and had that declslol,
changed. But when the decision is based
on constitutional grounds we nave 70
amend the constitution. We shaIi Voto
upon these decisions | have cited neXt
fan. and 1 have no doubt OF the result
whatever.
Aud in another place he said:
In place of the recall of judges. sn
content with the recall of their decisions.
We're an educated people and my no
lion is we know a little about such things
as well as the courts.
The Mayors whole talk brimmed with
illusions, personal as we'll as quaint
which caused the audience packing Loew g
Theatre TO burst into gales OF laughter.
He introduced, for instance, his familiar
argument that every reform was Of slow
growth, not forgetting his equally IA
miliar analogy OF the thousands and