Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-05-20
SMASHING REBUKE
GIVEN GOVERNMENT
Courts Assert Principles OF
British Liberty in
O'Brien Case.
BY A. G.. GARDINER,
Britain's Greatest Liberal Editor.


By Cable TO The Star.
LONDON, May 19.-The smashing
, blow which the law courts inflicted on
the government in the O'Brien case is
the sensation Of the moment. The
executive branch during the war had
become so habituated to the exercise
of despotic powers over individuals
1t was assumed that lay and the
liberty of the subject could be over
ridden with impunity. The judges Of
the highest court now have admins
tered the most crushing lesson ever
addressed to a British government
from the bench. The severity of the
rebuke is taken to represent the
feeling of the courts that during and
since the war the judiciary has been
too SubserVient to the Will OF the
executive. They have encouraged the
assumption that the executive was
above the law and that liberty OF
the subject does not count where the
necessities of the state are concerned.
In the wholesale arrest and depor-
tation of IriShmen without charge
and without trial the government
issued an audacious challenge to the
whole tradition of British liberty and
produced such an indignant reaction
from the bench that the government
was reduced TO panic. Any proposal
to indemnify the home secretary for
his breach of law will be strenuously
resisted. The reactionary members
OF the cabinet favor asking parlia
ment for powers which. under GER
tain circumstances, would place the
executive above the law, but the wiser
heads realize this would be a fatal
course. 1t a conservative government
sets an example of bolshevism, future
governments of another complexion
may adopt it in quite a different
spirit
Note to Russia.
Meanwhile the government Us being
severely criticized on other grounds.
There is widespread feeling that Lord
siVely severe and menacing. Curzon
throughout has represented the most
extreme school of thought in regard TO
hostilities toward the soviet govern
ment. His influence is supposed to
have been active against any trade
relations with that country. But the
public will not support such a position.
The country is starving for lack of
trade and increasingly disposed to take
the view that it is not our business to
say what government a foreign coun-
try shall have or TO refuse to trade
Just because we disapprove it's opin
,ions. The further view generally pre-
walls that the best way of eliminating
the worst features of bolShevism is to
bring Russia again into the community
of nations.
tt is fortunate that Russia has re-
piled TO the Curzon ultimatum with
surprising moderation. Then in the
house of commons the undersecretary
for foreign affairs repudiated any
notion of war with Russia as remote
from the governments mind. But in
that case why such an aggressive
note? The most hopeful facts of the
situation are the decision TO extend
the days of grace and the willingness
of CurZon to meet Krassin, who now
is in London to discuss the points
in dispute.
Law May Retire.
1t is possible that the return OF
Bonar Law, which is expected soon.
will have a beneficial influence on
the situation. He has been on the
Mediterranean to recover his lost
voice and is understood to have been
benefited by his holiday. There is
doubt whether he will be able to re-
main long at the head of the gov
eminent because of the state of his
health. and confidential quarters con-
firm the report he wants to retire.
Baldwin generally is suggested as his
successor, as he is able and highly
respected. But would CurZon be will
ing to step aside?
The latter is unloved and unpopular,
but brilliant, industrious and am
bilious. He will be a difficult man to
keep out of the succession If he de-
cides to enforce his claim. 1t is more
y han probable that Bonar Law will
be induced to retain the premiership
for a time to avoid raising a grave
his health will permit, because intel
lectually Curzon's superiority Is as
undeniable as is Baldwin's place in
the affections Of all.