Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-07-28

'oo Hoo eelecte0 this date to eX.
press your pleasure that II years ago to.
oav came into the world. That illusion
however was quickly dispelled by the
'housht you might have selected il TO
express your pleasure that six wear. ago
retired from the Court. However that
| may be, you have given me much pleas.
ure IN ahordins me the opportunity OF
meeting you all again and Of testifying
my confidence In and affection for your
guests Of honor.
we are not tonight crowning these two
hohored guests with laurels We are
lather buckling on their armor for future
service. We would now assure them Of
our pleasure that they have such great
opportunity for service and we bid them
God-speed in that service 1 think we
may rest assured they will not disap-
point us. They should not, for they have
had great advantages. Chief Justice Cor.
nlsh must have learned much from the
mistakes Of Whitehouse and myself and
Justice Spear has undoubtedly learned
something from his own mistakes.
Though asked by your President to
contribute somewhat to the post-pra ndial
festivities, I am in a too serious mood ;
and feel that my many years of life
and my several years of service in each
of the three depa rtments of our State
government Justify in speaking seri-
ously to you judges and you lawyers. In
late years our ears have teen dinned with
cries about the rights Of the people, the
rights Of labor Of social justice et-cetera
We have heard little about the rights of
the individual Vii 20
guaranteed by the Constitution of the
State. Indeed the Constitutional right
of acquiring. possessing and projecting
property especially seems to have few
aVeWed defenders. The cry is that prop
erty rights must give way to personal
rights, ignoring the truth that property
rights are personal rights, and as neces-
sary to be maintained as any other per-
sonal right if We are to have progress in
civilization.
I, therefore. exhort the judges of our
Court - uphold those rights of the in
dividual guaranteed by the constitu-
ton, including the right of acquiring,
possessing and protecting property
exhort them to allow the guarantees Of
tie Constitution their full, natural force
against any hostile action o. legislature
or popular majorities; and not weaken
them by strict or ingenious interpreta.
ton. Let every individual assailed as to
any of his constitutional rights proper
tv or other, feel that he has an mpree-
nable bulwark in the Court.
Constitutions may be changed, how
ever, and fer the worse. Unless resis-
lance is made, there is danger that the
present constitutional rights of the in
dividual be taken away or much
abridged; and he he put a. the mercy of
rerhars small and changing ma ior;tes.
Our fathers in establishing our State
sought to safeguard those rights by pro-
viding that no change shoull he made in
our fundamental law. unless 'two-thrds
OF both houses of the legislature shall
deem it necessary" l submit the plain
meaning cf this provision is that the peo-
PIE shall not he asked tn consider and De-
eide upon any proposed amendment un-
less two-thirds OF both houses ad}udse
the amendment necessary. We find,
however the doctrine preached. and not
very vigorously opposed, that the people
should be allowed to vote upon any pro-
posed amendment whatever the opinion
OF the nlfi1lDelS W t4it 5'siat NV ''' ~
it's necessity In the last session. of the
legislature that doctrine was much urged
and l am Informed was acted upon in
some cases ! regard the doctrine as
dangerous heresy. destructive of all sta
hility in our fundamental law and of all
security for our individual rights It re-
duces our constitution to the inferior
status of mere statute
therefore exhort you lawyers to up
hold the rights of the individual as de-
clared in our Constitution. and that you
resist all attempts to lessen those rights
or their guarantees whether by eonstitu-
tional amendments or by unconstitutional
doctrines | exhort you to MAINTAIN the
authority and duty of the Court to stand
firm between the individual and the ma
tority in defense c. those rights and
guarantees | exhort you to repel any
claims against the court for such exercise
of it's constitutional power. In upholding
the rights Of the individual you uphold
the rights OF the people for the people are
but an Xsgregate of individuals
other professions are doing much Tor
humanity. l would not disparage in the
least their great invaluable service.
honor them for their zeal and devotion
Our profession has as great work and
even greater work in SO far as Justice
IA the greater need of man. To maintain
the right of the single individual, prop
ertv or other, against the greatest ma
iorty may be as great service as res
cuine his physical life from accident or
disease. You take my life when you do
take the means whereby I live. Mere
lie is of little worth IL all other rights
are taken away or even much endan-
gered.
Civilization needs lawyers. courageous,
devoted. learned lawyers. They are as
necessary as Justice. Lawyers have great
influence for good or evil, As I reflect
how necessary you are and yet what evil
YOU may do il unfaithful. ! would apply
TO YOU the words Of Jesus. I'VE are the
salt of the earth but IL the salt hath lost
his SAVIOR wherewith shall 1t be salted?'
In introducing Judge Whitehouse
Mr.. Carleton said:
His looks was venerable, his ac-
ton graceful. his pronunciation clear
and his diction elegant You all