Arizona republican., 1913-02-13
Points Out That Criticism of Three Idaho Men Was Less Severe Than Lin coIn's of Dred Scot t Case
FANORS RECALL
 JUDICIAL DECISIONS
Uses Words of Lincoln in Replying Criticism of the Progressive Party and Classes People as Court of Last Resort
ASSOCIATED PRESS DIsPATcHl

NEW YORK, Feb. 12.-Colonel Theodore Roosevelt returned tonight to the subject of the decision of the supreme court of Idaho in the cleo ton cases saying in opening that the decision constituted. even graVer offense against justice and decency and even a greater blot upon the American judiciary than the Dred Scott decision itself" The court was characterized as a most potent in strumcnt for the denial of justice.
 Abraham Lincoln was no less guilty than the three men whom the su- nreme court of the State of Idaho imprisoned for contempt because they criticized, in less severe language than Lincoln a decision as indefensih'e from every standpoint of law, JUS tice and popular rights as the Dred Scott decision itself,' he said.
 Colonel Roosevelt spoke to the pro- eressives at the Lincoln birthday ban quet. It was the first political ut terancc he has made in months ana his address was permeated with pas sages from Lincolns writings ana speeches In Lincoln's words, he re- piled to the criticism of the pro- gresive party and likened the re- publican leaders to the old eXclu- sive silk stocking whiggery' which opposed Lincoln before the CivIl war" He declared that the time had come for the people to act as court of last resort.
 He said in part: At this moment has occurred in Idaho a decision by the highest state court which within it's own limits even a graVer or fense against justice and decency even a greater blot on the American judiciary than the Dred Scott decision itself. The reactionary supreme court of Idaho has played into the hands of the republican machine or which it is itself a part, precisely as Justice Fancy and d majority of the supreme court of the nation in 1857 played into the hands of Presidents Pierce. Buchanan. and Pierce d reac- tionarv organization of which he and they were parts.
 Tn Idaho the result was as grave 2 miscarriage. of justice at the cleo ton as had already occurred at the nominating convention. The court q this denial of justice. This decsion I hold to have been an outrage upon the people of Idaho and not merely upon them but upon the people or the United States for any interference with the right of an American in any state to cast his vote and have it counted for the president of his 7 choice is an offense against Ameri- cans in all the states.
 "I think the result of the vote showed that if we had been given our clear undoubted rights, Idaho electoral vote would have been in the progressive column. The action of the reactionary court, taken in comblna = ton with the action of the republl- can machine, resulted in the deprl- vation of the right of the people of Idaho to express their choice for president.
 Abraham Lincoln said he believed that the Dred Scott decision repre- sented a conspiracy against liberty between the then supreme court and the leading officers of the reactionary party to which that supreme court belonged. I believe that with even more justice, Lincoln if alive today could make the same statement about the action of the reactionary court of Idaho in connection with the re- actiOnary leaders of the republican machine in Idaho.
 But the court did not stop here There was in Idaho newspaper which fearlessly and in an entirely proper manner condemned the court for this
 +l har of that paper and another man con nected with them, have been throwr into jail and fined heavily for con- tempt, by the court The court ir it's opinion has cited the numerous dynamite outrages like those that oc- cured as justifying it's action. Nc more extraordinary p!ea was evel made. I yield to no man in the hor' TOT I feel for anarchists and for al other criminals who do murder whether by dynamite or in any othe, fashion.
 But the damage they do, thougi great. is by no means as great t' the cause of law and order as il that that may be done by a decision as such d decision, as in question and no anarchist ever can or eve will hurt the courts as they are hur by such action as this of the highes court of the State of Idaho Re member, if the position of the Idah court in punishing it's critics for con tempt was proper, then Abraham Lin coin should have been jailed an fined for his words about the suprem court of the United States in con
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