New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-01
Saws History of American
Progress Is History OF
Its Benefits.
TELEGRAM READ AT
STATE BAR DINNER
Judqe Werner Says Law Must
Keep Pace with Progress and
Judges Be Upright.

"A the measure in which 10 had con
.-ibsted 10 Anglo-SaNon freedom ana
,~,ess were the subjects Of speeches
81 charles Davidson Chief Justice
- ,he Sanerior Court. Montreal judge
,,.or,or Edgar NJ. cullen. eN-Chief Judge
the Court ~ Appeals. and others al the
annual dinner Of the state Bar Assoc'a-
-, hold 20 the Aston last nieht Gov
800 clrnr critomized the spirit Of the
..o,,irc I'm his telegram regrctting his IN
sb1,tv 10 be present. He said,
.Tre history Of American noliucai
,,-cercss is history 81 the benefits con-
,e-red on tho nation by men OF your pro-
.session. The Declaration OF Independence
was drafted by lawyer and the consul
,rfion was drafted by men OF legal a'u-
men and patriotism. Most Of our FreSi-
dents have been men Of legal trainine'
end there have been few PAGES OF the
nations history on which mon OF legal
training have not left an indehoie marx.
In introducing judge Cullen. guest or
ronor Alton g. Parker. president OF the
association. babe the members drink 10
wan who had had the courage Of his con-
NfrfInNS.
vrdeterred oy criticism or the howls OF
those who labored 10 gain political advan-
tace bv exploiting the Weaknesses Of our
judicial system.
judge cullen's Thanks.
The former Chief Judge replied that he
had been making so many speeches lately
that no seemed 20 begin new one before
he had finished the last.
81 wouldn't be worthy OF the honors
sou have put upon me, however he said
.ef did not do my best TO reply. but ]
have said so much Of late. so much more
than ] am accustomed 10 say, that my
reply can but he brief Last night criu-
c.sed much which held 20 be wrong, and
today I shall confne myself to thanking
YOU for your kindness 10 me. This I do
from the bottom Of my heart
Judge Werner. the next speaker, said
that authority IN the administration Of
justice must be both permanent and
paramount 70 be efficient
THE right Of an men not 10 he deprived
Of life. liberty or property without due
process Of law is permanent and immu
table," ne said. and forms the basis of
our freedom and Of the progress and Sue
cess Of our government. The assaults
upon this right. were they successful.
would mark the end OF liberty in America.
We must remember that no government
cam last unless IL establish just balance
between the forces Of conservatism and
growth. between what We already have
and the necessities with which progress
Oonfronts us.
The courts naturally stand for con-
scrratism. but the law must keep pace
with progress. Only so can il meet the
problems Of the dav and deal with them
in modern terms, the only terms which
permit Of solution 10 modern questions
10 IS this balance OF functions. that Of A
conservatism elastic enough TO meet the
requirements Of changed and changing
conditions. which makes the greatness
and difficulty Of the judicial office.
We Ike 10 boast that this IS a govern
ment Of laws. and not Of men, but it is a
government Of laws. remember only ia
So lar as 10 IS applied I'm support Of the
rights of man. Remember too that i'm
the popular mind the judge symbolizes
justice and that he has ii In his power
either 10 eXalt or degrade his Office In
the constantly recurring discussion over
smeloration Of our judicial procedure we
forget that the personality Of the Judge is
as important 10 justice as any change in
procedure could possibly lie. Any judicial
system would break down unless our
judges are men of character and under
standing.
."su Wy We are fortunate in having had
such a man as Judge Cullen on the bench
while the failings in our law were giving
demagogues their chance TO arouse popu-
lar discomfort.
In an age Of false devotion TO wealth,
and OF false estimate OF the worth OF
luxury Judge Cullen has gone on with
his work. patiently and honorably, for
his fellow men. We have no quarrel with
the constitution which unmakes him. for
though constitutions can unmake judges.
thank God they cannot unmake men"
Governor Glynn's Message.
Mr. Parker read Governor Glynn's mes
sage which pleaded for the support Of
the Bar Association in making the work
mems compensation and direct primary
bns more effective. The Governor said:
New York has adopted a thorough
going direct primary system and an effec-
tive workmen's compensation act The
benefits arising from this new legisla-
ton may be increased or retarded &C
cording TO the degree Of announcement
these laws receive from those who are
leaders OF public thought. Government has
oone It's utmost when it supplied the
means whereby the governed NAV III,
themselves TO higher things. The actual
uplift must come from those who are the
benchciaries Of good laws. No body OF
good men can do more TO make good
legislation effective than the members OF
the legal profession. The public looks 10
its lawyers 20 pass upon the merits OF
new laws. and II lawyer is convinced
that a law is calculated 10 improve the
conditions Of the body polite. few are in
q position 10 contradict them.
1T is therefore because ! realize how
great an influence the state Bar Asso-
citation can WELD in making legislation
effective that appeal TO you TO ad-
vance what the Governor and the Legis-
lature have begun I'm the way Of direct
Primaries and workmen's compensation.
Give 10 those laws the attention that
they deserve. point out TO those who
consult you how they may best take ad-
vantage Of this new legislation. help me
20 throw "a strong clear light on the