Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-04-21
Popular Belief That Highest
Judicial Tribunal is Con-
troIIed by Special Interests
Causes Grief
SCIENCE HAS CAUSED
GENERAL SKEPTIClSM
Law Should Represent 0pin-
ions Agreed Upon and Should
Not be Enacted in Advance
of Public Thought
u, Morning Journal Special Leased wlreJ

tIB, Morning journal Special Leased wireD
Washington. April 20-How the
supreme court OF the United States.
or at least one member OF IT, views
the present day criticisms of the
courts is set forth in a speech hy
Justice oliver Wendell Holmes. made
pul lie today In the form of senate
document Justice Holmes delivered
the speech recently at private din
ner in New York.
Science has taught the world skep-
ticism. the Justice said hy way of
preface, and made il legitimate TO put
everything TO the test of proof
"Of course. we are not excepted, "
be said. referring 20 the supreme
court. "Not only are we told that
when Marshall pronounced an act nf
congress unconstitutional he usurped
. power that the constitution did not
give. but We are told that we are th"
representatives Of classa tool of
tie money power ! get letters. not
always anonymous, intimating that
We are corrupt Well gentlemen !
admit that 1t makes nay heart ache.
II Is very painful when one spends
all the energies of ones soul in try
ing to do good work, with no thought
tut that of solving problem accord
ing to the rules by which one is
bound. 10 know that many see sin
lister motives and would be glad OF
evidence that one was consciously
bad. Hut we must take such things
philosophiraiy amt Try 60 see what
we can learn from hatred and dis
trust and whether behind them there
may not hc some germ of innrteul-
ate truth.
"The attacks upon the court The
Justice added "arc merely AN express
sion Of the unrest that seems 10 Won
der vaguely whether law aud order
pay"
A very important truth g he eX-
tracted from the popular discontent
according to Justice Holmes. Is that
Judges. particularly in state courts,
have read their conscious OF uncon-
scious sympathies prematurely into
the law.
ut cannot be helped--it Is as 1t
should be-that the law is behind the
times" declared Justice Holmes, 'As
law embodics heliefs that have
triumphed in the battle Of ideas and
then have translated themselves INTO
action, while there still Is Doubt
while opposite convictions still Keep
a battle front against each other. the
time for law has not come the mo-
tion destined to prevail is not y''
entitled to the field.
In connection with the discussion
Of premature law he expressed inc
belief that twenty years ago Wheh u
..vague terror went over the eartn
and The word socialism began To pc
heard" fear was translated by Judges
into doctrines that had no proper
nlace in the constitution or the COM
mon law.
Judges are apt to be naive sim
ple-minded men and they need some
thing Of Mephistopheles, observed
the justice.
Justice Holmes concluded by say
ing that as he grew old. he grew
and predicted that com
petition from new races would en'
deeper in the future than working
mems Disputes and would test whetn-
er I'VE can hang together ana
fight"
II do not "a my dreams for the
future TO my country or even to my
race. he said. = think u probaN'e
that civilization somehow VIII asI
as long as care % look ahead'
mink il moi improbable that man IKE
the grub that prepares a chamber iol
the winged thing 1t never has seen
but Is to be. may have cosmic des-
tinies that he does not understand
And so beyond the vision OF hatllihs
races and an impoverished earth.
catch a dreaming glimpse Of peace
y