New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-06
BARNES SENDS SHOT
OVERSEE AT COLONEL
RooSeveIt'S Farewell Speech
Mentally and EthicaIIy Dis
honest, He Declares.
"PE0PLE THE LAWMAKERS"
Chairman Combats Elk -Presi-
dents Contention That We
Are Living Under Law Of
Court Of Appeals.

| In a statement, the purpose OF which
is TO give 1.-The facts in the Ives CASE
William Barnes, jr.. chairman OF the Re-
publican State Committee. replied to the
speech OF Colonel Roosevelt on Friday
night He says
II will endeavor TO point out the falsity
and mental as we'll as ethical dishonesty
of his speech. believing that the public
does not wish to be Indifferent, and that
ii does not wish TO be careless in its
thinking and reasoning His Uhe colo
nel's) speech is filled with incorrect and
fallacious statements colored to give the
appearance OF truth
Mr.. Barnes points out that in signing
the employers liability bill, which was
overthrow by an unanimous decision CT
the Court of Appeals in the Ives case.
Governor Hughes said:
With respect TO the objections urged
before me to the validity Of certain
features Of the bill, I believe that the
question thus raised should be left TO the
determination of the court In this way
only can there be an authoritative de-
termination with respect TO the measures
that are within the limits OF legislative
power"
Judge Werner simply wrote the opinion,
in which all the judges OF the Court Of
Appeals concurred. In 1t, Mr.. Barnes
points out, Judge Werner said
I'VE have already admitted the strength
OF this appeal TO a recognized and widely
prevalent sentiment. but We think 1t is an
appeal which must be made to the people
and not TO the court. The right Of prop
erty rests not upon philosophical or SCI
entific speculation, nor upon the COM
mendable impulses of benevolence or
charity. nor yet upon the dictates of
natural justice. The right has its foun-
dalton in the fundamental law. That law
can be changed by the people, but not by
legislatures. Courts are not per-
mitted to forget that the law is the only
chart by which the ship of state is to be
guided.
Law as used in this sense means the
basic law, and not the very act OF legis-
lation which deprives the citizen Of his
rights, privileges or property. Any other
view would lead to the absurdity that
the Constitution protects only those rights
which the Legislators do not take away.
In reply 10 the utterance OF Colonel
Roosevelt, II am standing against merely
q brand new constitution formulated in
defiance of justice by six worthy. elderly
men in the exercise OF their function as
irresponsible lawmakers" Mr.. Barnes
says:
The judges of the Court of Appeals.
in rendering that decision, were not ir-
responsible lawmakers The Legislature
was the irresponsible lawmaker. the
Judges of the Court Of Appeals would
have been irresponsible lawmakers had
they permitted the Legislature TO violate
any provision of the fundamental law
which is the directly expressed VIII oil
the people. Mr.. Roosevelt Is guilty OF
willful Misrepresentation when he says
that the Court of Appeals forbade the
'people of the State of New York to do
what the people Of the nation can DO
and what the people of half the other
states Of the Union have already done -
Mr.. Barnes characterizes as "a DELHI
crate and absolute faisehood' the decla-
ration of Roosevelt that lat present In
this state we are living under the law OF
the Court of Appeals
eve are living under the law adopted
by the people themselves" he says "at
the election of 1894 by vote of 4lo,6S7 To
800. 400. which the Court Of Appeals has
l upheld against its violation by the Legis'
lature."
Speaking Of the proposed recall OF judi
cial decisions, as advocated by CoIoheI
I Roosevelt, Mr.. Barnes continues:
II understand perfectly Mr. Roosevelt
Y proposal on this matter. l wish that ms
i followers understood II as well. What he
o proposes is an amendment to the consul
( tuition which will provide that when the
I highest court has declared an act OF tht
LEGISLATURE 10 be In violation OF the man
], date of the people expressed III the Con
r stitution. the people themselves, at th'
next election. can withdraw that mandate
e in a specific case.
81 do not believe that the people Of th'
State OF New York, when they come e
adopt a new Constitution, as they viii
shortly, will provide In il that the Legis
lature may take the property OF any maj
in this state without compensation; bu
no man can foretell what might be thu
verdict OF a majority OF the electorate o.
this state if the Legislature did violate
D that constitutional mandate in specih'
case
This, in effect would be the declara
Z ton OF dependence of the proposed
| Roosevelt constitution: We, the people o
| the State of New York, declare That on
" representative body. the Legislature shai
have 10 power To take away the properly
of any person or association of person
I'm this state without compensation, eH
cept in the specific case when we desir
Il done against those persons VINO nav
, come under our displeasure.'
The Republican and Progressive partle
are not far apart in the matter oil TN
. enactment Of constitutional workmen
. compensation act. Mr.. Barnes MAINTAINS
but they are as wide apart as the pole
on the recall of decisions, and VIII con
tnue to remain so II the Progressv
marty continues to advocate that perverse
: dishonest and tyrannous proposal, whi'I
u can have no other purpose than the es
c adjustment of special privilege in tn
essentials Of life"