The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-02-05
:::::::illilHBSHCE5 t Il!
CONDEMNS DRY LAW
~ s- -
.'ar,Menlber of U. s. Supreme
f.. + = =. Court Says It Menaces
, s,,n 49, All Statutes.
END DIFFICULT TO SEE
rJurist Also Tells Law School
T,Alumni of Dangers in
Hi! 10Th Amendment.
lIIRIFLES CLOG CALENDAR
.I1ime Of Highest Court of Land
/. i Taken Up With Petty
III, Litigation.
IIRIFLES CLOG CALENDAR,

I, |, Enactment of the Eighteenth
(; LAthondment has lea human relations
f, s3 such a point that respect, not only
tdt them but for all law. has been put
I'D IAN unprecedented and demoralizing
strain In our country, the end Of
Which It is difficult to see" Associate
\ sIIFtice John Fl. Clarke Of the United
4 States Supreme Court said last night
\ vi an address ITO the alumni Of New
! York University Law School. Justice
! Clarke was speaking on "Some, 0bser-:
Nhtions and Reflections Covering Five
Wears on the Bench OF the United
.iS!Ates Supreme Court" at the annual
:djpner of the alumni in the Hotel Bit
mIcre.
! | Ills referenceg to the Eighteenth
I amendment came after he had dis
eissed the mass of trivial litigation
!, cArried TO the highest court Of the
land on the basis Of provisions In the
4 iFtourteenth and other amendments.
! Turning to analyze the trend Of cur
/. T}ht events, Justice Clarke observed
iftat "the statesmen at Washington,
! 4 nndon. Paris. Rome and. Toxic. are
,sSarching as never before for some
( bhsis for the reorganization of a world
III lat has fallen into international an
,ttchy."
" Strain on All Laws.
l i'If we consider Ghome AFFAIRS" he
/. f3ntinued, I'VE find ourselves. under the
nineteenth Amendment, at the begin
hiing, Of an experiment of conducting
REPRESENTATIVE government with an cleo
1 + Irate very much larger than has ever
! Iurdcr that form of political organiza-
tipn. SO great an electorate must re-
! Maire. necessarily require. such large cx-
of money simply to- inform
Z kiitcrs OF the merits OF candidates and
! ut what the issues arc that there will
|, biIecssarily be brought into conspicuous
/, liberation the oldest and worst foe of
tu1ecs government unless some new
ntthod Of informing citizens can be de-
1 \ ised
I | 1.-THE Eighteenth Amendment required,
Hiillions OF men and women to give ND
/ abruptly habits and .scustoms Of r1ife
, Me1icll they thought.~not immoral or
/ Wrong. but which, on the contrary. they
Believed tr I've necessary to their reason
I b lie comfort and happiness and thereby,
5f,we all nov soc. respect not only for
/ tliat law. hut For all law. has been put
20 IAN unprecedented and demoralizing
strain In our country. the end Of which
| ~ lis difficult to see.'
/ Iii order to reduce the mass OF trivial
litigation, Justice Clarke strongly urged
every lawyer to, ask himself candidly IL
a particular case were important enough
to justify its appeal to a court "pri-
nlarily organized to-. deal with. matters
'--of the greatest public concern" During
1laese list five years. 1,648 cases were
f6Eued In the Supreme Court, he said,
n which about 400 were settled by per
Miriam decisions, upon authorities
Which were cited, because the court was
Without jurisdiction. or sbecause !. the
Kucstions presented were deemed So
4Eisubstantial as to be; unworthy Of
Nitrous attention. or because the cases
Nero so cleariy.sruled sby prior decisions
Hat the questions involved could not
2snger be considered open for discus
Hon.
Would Restrict Trivial Cases. !.
UT must be obvious" he continued
eghat no judge with that sense of the
RESPONSIBILITY and duty to his country
t9ich every Supreme Court Judge may
~ assumed to have, would participate
the deciding of such great cases with
W. making the most painstaklng and
Exhaustive examination of them ofwiuch
~ Is capable. and that men uponytvhom
Ssch responsible duties rest should not
81 harassed and annoyed by the inves-
0gation of tri1ing and unimportant
&Suses. Their time and strength should
"a reserved and conserved for use in
Gle discussion and decision Of those
44estions of public. interest and impor
espce which are constantly coming Be
ssResumng some general observations
x3stico Clarke went on to call attention
tk living i'm new world in which past
Experience can be OF little service except
~ give warning"
es"'rhc fate of Russia warns us that
dr. existing social order, stable though
a seems" he said, may not long en-
Skre, even when buttressed by great
6ymes, unless the masses of the people.
~ whom, at last, all Government rests,
IRE given a fair share of that comfort
lid safety which II should be the first
SNrpose Of every Government to provide
ID those who live under t.
1i"Thc fate of Germany warns us that
40 Government Is strong enough 10 live
n this new world without the friendship
AZ other nations.
W"To have millions of men and women
Qllc and in want, and agriculture IN
Nfeatcr distress than ever before in this
Sic richest farm country N the world.
5fesents a problem In domestic reor-
Limitation and rcadjustment OF tile
fteatcst public concern"
ssMajor Gen. John Il. organ who fol-
6Swed Judge Benjamin NJ Cardozo of
go New York Court of Appeals. and
dhstice Clarke took occasion to invite
sttention to the indecency and imfnor-
Iity involved In the present transit sit
Bhtion IN the city. Srs'
1Among the guests were Chancellor
MINER Ellsworth Brown. chancellor OF
RE university: Charles II. Strong, Willis
III Guthrie, James Byrne. Henry w.
Raft. Judge Frederick Il. Crane, Rufus
n Scott and George White. Also SUI
Xseme Court Justices John Proctor
{siarlSc. Page, Laughiin, Smith. Merrell
4!reenbaum. IlatRmer, Kelby Kelly.
die proper diplomatic channefs."
q Also former Judge Clarence J. Shearn,
&brmer United States Senator James A.
3fsor1pan Supreme Court Justices Burr,
Cohalan. Delehanty, Davis, Donnelly.