Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-06-14
Halsey M. Barrett Thus Charac-
ferries Them Before State
Bar Association.
ASKS MEMBERS TO FIGHT
THE SYSTEM HE CONDEMNS
Declares Times Are PeriIous
and independence of Bench
Must Be Preserved.

erendum and recall of the judiciary
today at the annual convention of
the New Jersey State Bar Associa-
ton, of which he was formerly pres
ident
1.-THE Outlaw" was the title of Mr.
Barrett's address. He stigmatized
4 the advoca ties of the referendum or
81 recall as outlaws" and assaulted
q their position with biting invective.
M THE suggestion of a referendum
for a review. and a reversal of judi
8 cial decisions in certain classes Of
Il cases, is so unjudicial, so chimerical
s. so impracticable, so impossible, he
z said, that it would be easy to be-
lieve that no sane mind would give it
81 consideration; but these outlaws are
not insane: they understand human
nature, and they know that in pc
riod of social and political unrest no
suggestion which claims to provide
B for the amelioration of real or inn
4 agined grievances can be so extrava
CANT as not to secure the approval of
a large proportion of the disaffected
of every sort.
Appeals to Criminal EIeme Mt.
THE suggestion of a recall of tho
Judges has many elements TO give II
popularity, and therein lies its dan
ger. None e'er felt the halter draw
with good opinion of the law To
some degree this sentiment applies
to the judges. They are the outward
and visible sign of the administra
ton of the law. Many a criminal
and many a sutton fails to remember
that the law has worked his undoing
and has compa ssed his defeat, and
leaves the courtroom filled with re-
sentiment against the judge, whom
he blames for all his woes. Such as
these would like to see judge re-
called
1T will be an evil day for any State
or nation when a judge can be made
to feel that his tenure of his office
has come to depend upon the popular
approval of his judicial work. No
lawyer who would take a seat upon
the bench under such conditions
would be fit for, or worthy CT such
high preferment.
ut cannot be doubted that even
such chaotic theories as to the func-
tions of popular government could be
met to a sufficient degree to preserve
the stability of existing law If it
were not for the fact that we have
TO deal with a class of persons who
may be fairly described asrthe out
laws of the twentieth century.
Explains Social Unrest.
THESE outlaws, who, for their own
purposes, seek to take advantage of
social and political unrest, have be-
come the clamorous champions OF
class legislation, discrimination
which heretofore they have strongly
denounced, but now, in violent re-
action, they seek legislative license
to perform acts which, by whomso-
ever performed, have been legally de-
nounced as crimes or offenses."
In explanation of what he believed
to be the cause of social unrest, he
said:
Fifty years of peace have brought
fifty years of plenty, and though this
wealth has, to some degree, been
shared by all, we have seen colossal
fortunes reared and held by the few,
which could only be created at the
. expense of the many No man can
earn such a fortune; it can only be
obtained by garnering the fruits oil
: the labor of many men. With this
vast accumulation of wealth has
come the extravaganza of expendi-
ture which such wealth makes pos
sible and ostentatious extravaganza
produces envy and covetousness, un-
til only few seem to have escaped
the desire for possession which is the
fundamental basis of all social un>
rest
In ending his impassioned appeal,
Mr.. Barrett said:
These are perilous times, and the
duty and the obligation, and the OPP
portunity. to aid in preserving the
independence of the judicial branch
of State and national governments
must fall first and most heavily upon
our profession. Lawyers have a
widely extended influence, and they
are personally trusted to a degree
which is unequaled in any other
walk in life. We must maintain our
own standards of respect for the
courts and of obedience to its DEGREES.
We must see to it that the law is adj
ministerej in the advancement of
Justice and for the equal protection
of all. We must protect and defend
the courts and the legislatures from
the assaults of those who wish to be
outside the law. We must calm the
fears and instruct the minds of those
who are socially and politically rest
less We must demonstrate that love
of country and love of law are SINH
lar attributes and go hand in hand
In every phase of right conduct and
of right living, and that the noblest
citizens and the truest patriots are
those who do their utmost to preserve
for themselves and for each other,
and for all who shall follow them, a
country whose people shall find their
peace. their prosperity and their hap
piness in a just Interpretation and adj
ministration of equal and impartial
laws Even in a democracy such
men as these shall WELD the scepter
such as these shall wear the crown .
There was an acrimonious debate
at the opening session of the conven-
ton at the Hotel Chelsea yesterday.
when a majority of the members re-
fused to permit the publication of a
committee report charging Assem-
blyman Thomas F. Martin, of Hud-
son county, with smothering bill
designed to decrease the cost of liti-
CATION by cutting the rates for legal
advertising.
The following officers were elected
by reclamation:
President, John w. Wescott; first
vice-president, George A. Bourgeois;
second vice-president, John r. Har-
din: third president Frederick
w. Gnitchel; secretary. William j..
Kraft; treasurer, Lewis S. Starr;
directors W. H. Bacon, Ralph w.
FXT