Bisbee daily review., 1915-01-24
DUTY OF COURTS ID INTERPRET
 LAW EQUITY
Committee on Reports Sub mits to New York State Bar Association Reports Bearing on Speech.

BUFFALO, N. l., Jan. ZZ-Oue or the special committee reports sub mitted to the New York State Bar As- sociation here today took issue spec ifcally with utterances of former President Roosevelt concerning the judiciary system of the United States.
 The subject was treated under the professional heading of The Report Jf the Committee on the Duty Of Courts to Refuse to Execute Stat les in Contravention of the Funda- mental Law" In general it was a studied reply to critics who com plain of judicial usurpation of legis ative power by the American judi ciary but at the outset the report re- views particularly the writings of Colonel Roosevelt and in reply to his arguments as well as those of others, offers 139 printed book pages of egal citations, historical data and other matter.
 Paragraphs Of Mir Roosevelts crit cism of present tendencies were irst quoted as follows
 Under our American system of government the judge occupies a po- ition such as le occupies no where lse in the world a position which eally makes him. SO far as the neg tive side of legislation is concerned. he most important legislative off Ial in tine country for of course it merely to repeat truism to say what was so well said by an Eng ish bishop two centuries ago, and quoted by Justice Holmes amond others
 Whoever rath an absolute au- hority to interpret any written or poken laws, it is be who is truly ne law giver to an intents and pur ioses and not the person who first rote or spoke it' In some most vii. al respects the judge have become ar more truly the law givers than 1ither the executive or tie legisla i've bodies State or National can e. In no other country is this per nitted as with us I'm Germany Trance or England, when the people ave spoken and definitely declared heir mind through the legislature he courts carry out t.e popular wisf md apply it as formulated m law Icre the courts doclIe whether or ot that wish shall be srented. neither CT not the people are to ave their win. Surely none will con end that tre pudge is not the ser 'ant of the people; and it behooyes IS Go look carefully into any ten. leucy to turn him into master in tead Of servant SO that the created ules tho creator
 Did the framCrs of the Constiu lon or the United States and the tate conventions which ratified it Intend that the Federal Supreme 'ourt should refuse to enforce fed 2ral and State legislation in exces. # or in uOntravention of its provis ons?' asked ,he Committee
 "If not by whom and how did hey Intend Go. enforce the provisions of the bill of rights in the first ter amendments to the federal constitu | io;n also the anti-slayery anti ! leonaee, equal protection of the laws lue process of law and equality be ore the laws provisions Of the bu jf rights contained in the 18th. 18th and 18th amendments. also by whom and how did they intend to deter nine conflicts between federal ana state power2
 Under the canon Jaw throughout continental Europe during the mid de ages. the national constitution and laws including in England par of Magma Charta and several act of Parliament were refused execu uon whoever they conflicted with th, so-called canon law or liberties o the church.
 "ln short the American Revolution was lawyers revolution to enforc, Lord Coke's theory of the invalid. y of Acts Of Parliament in a derog ation of common right and of th' rights oi Engllshmen When th,
 ramers Of the constitution freel ,temselves from parliament absolut lsm did they intend to substitute. consolidated congressional absoutisu ID national matters plus the absolui sm Of fortyeight State legislature in State matters without proyidin any tribunal to uphold the privilege of lreemen as defined by them il
 he constitutional bin of rights, els to determine the inevitable conflict )8tNeeh the Federal and state iuril dicuon
 lt was pointed out that Article III Section 2, of the Federal Consututio lefds:
 "rle judicial power shall extend [ an cases in law and equity. arisn under this constitution, the laws e tho United States, and treaties made