New-York tribune., 1922-06-17
Butler Brands
La Toilette as
DestructiOnist
Tells Jersey Bar His Attack
on Supreme Bench Re-
veals Him as a Rebel Both
Parties Should Cast Out
Says Courts Save U. S.
Public Heart Sinks When
Congress Meets, Rejoices
al Its Close. He Declares

FIfFfNA NN"iNfNN 10 lNf 4fAh|Nf
ATLANTIC CITY. June i6. - Or.
Nicholas Murray Butler president Of
Columbia University. assailed sena-
tor La Follcttc. Of Wisconsin. tonight
at the annual dinner Of the New Jer-
sey State Bar Association for his
speech Of two days ago before the
American Federation Of Labor con-
vention in Cincinnati in which sena-
tor La Toilette criticized the Supreme
Court Of the United States.
Dr.. Butler said tha. the Senator from
Wisconsin no longer should be per-
mittcd 20 pose either a. o Republican
o. Democrat. both Of which parties
were loyal to the principle and ira
ditions Of the nation. lie should be
allowed no longer 10 bore from
within said DR.. Butler, but should be
compelled 70 appear in his true colors
as a destruetionist and a revolutionary.
utterly Wrong" lie Says
Senator La Follotte was utterly
wrong, he said, in his assumption that
the founders Of the nation reposed
sovereign power in the legislative
branch OF the government. The found
ers Of the nation. said Or. Butler. did
nothing Of the sort. They divided
power among the executive. judicial
and legislative branches Of the govern
-mcnt. he said. adding that recent de-
yciopments tended 10 show that the
legislative branch was by no means
most worthy OF the responsibility
placed upon IL.
What our forcfathers did he said.
twas 20 retain sovereign power In the
people Of the United States and 20
erect a government Of strictly limited
powers and functions, divided into an
executive. judicial and Legislative
branch. zach OF these branches o. the
government represents the people and
gives voice and effect 20 the public
will The notion that the legislative
branch o. ,he government in some mys-
terious way more adequately repre-
sents the will Of the people than does
the executive or the judicial branch
Is without warrant either in legal
; theory or in our political history.
Courts Distinctly American
"The judicial branch Of the govern
ment represents the peoples funda-
mental principles. their controlling
ideals and their continuing purposes.
Il brings. and Justly brings. 20 the
test any and every legislative act that
may be challenged. This power Of judicial
review and OF judicial protection is
distinctive American doctrine, and con
stitutes Americas greatest single con-
tribution 20 the cause OF free govern
ment. Without IL we should be swept
hither and yon b. the swiftly shifting
tides Of mere opinion and By active
propaganda OF aggressive minorities.
Destroy the principle OF judicial pro-
lection Of public law and private rights
and the America that We know falls
20 pieces.
"While in theory the legislative
branch OF the government directly rep
rescnts the peoples will II has, in fact.
during recent years come 90 be less
representative OF public opinion and
public interest than either the eXccu-
tive rr the judicial branch OF the gov
ernment. paroehialism. sectionalisn
and various forms OF self-interest and
fanaticism have all operated 20 weaken
the truly representative character OF
the legislative branch. II Is FAR from
certain that when a state Legislature
or the Congress enacts a law that law
has the support OF public opinion. For
example. no one but Congress favors
tae bonus. and but few OF them favor
IL sincerely. When the Congress
meets the public heart sinks and when
the Congress adjourns public paeans
rise TO heaven