Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-01-15

HON. HANNIBAL HAMLiN. Of Ellis
worth, Retiring President Of Maine
Bar Association
particular way, it must equally have
the power to dictate to that Court
how it shall decide questions of title
to property and of individual rights.
Now suppose that a bill should be
introduced into Congress, following
Borah's phraselogy but applying it.
not to constitutional law but to the
law of railroad negligence and
providing as follows: That in all
cases arising between an individual
and a railroad corporation where
is drawn in question the fact of
negligence or noncompliance with q
Federal statute. judgment shall be
rendered for the railroad corpora
ton, unless Z out of 8 judges concur
in finding that the railroad has been
negligent or has failed to comply
with the statute? Would anyone
conceive that Congress had the
rower to dictate to a court to make
such a decision in favor of a rail-
road defendant? Yet there is no
difference in principle between such
In both cases, the action of the
Court would cease being judicial
and would be simply the carrying
out of legislative direction.
Under our present Constitution. the
assumption by Congress of such
authority over the Judicial power
would be- a violation of the
principle of the separation of legis-
lative and judicial power contained
in that instrument"
No Necessity For II
The speaker then elaborated on
the effect of this proposed change
upon rights. liberty and property,
and reviewing the record found
therein no necessity for this radical
departure. citing cases in proof of
the effect this minority rule in the
court would have. He showed the
possibility that decision of the
supreme Court of a state might be
upset by 3 out of Judges of the
U. S. Supreme Court.
The Borah plan would prevent
$ Judges from holding a Federal
law invalid, but would enable 3
Judges to hold law valid.
Now the Court is attacked for
holding acts of Congress invalid,
yet in its first IS years it was at
tackled for holding acts of Congress
valid.
But One Answer
He concluded: There can be but
one answer. No people vii. ever
be content to accept or have con-
fidencc in any judicial decision
which fixed their rights and duties,
in any important matter. by the
views of a minority of Judges out
of O."
Both the Borah and the La
Toilette proposals seek to make
Congress the final arbiter of the
Constitution.
Can anyone believe that, if they
properly understand these issues.
the people of this country will be
willing to trust their rights and
liberties to 2 Court whose majority
is controlled by Consressional
dictate or that they will be willing
TO trust the Congress with the pro-
posed unlimited. final, supreme
power?
IF they understand-espec if
the new portion of the electorate.
the women, properly UNDERSTANDABLE
they understand.
I'm that if. lies your RESPONSE
biiity' men of the Maine Bar"
Address Of President Hannibal e.
HamIin
The subject of the SCHOLARLY adj
dress of Hon. Hannibal f. Hamlin.
President of the Association. was:
The Constitution of Maine. He re-
viewed the steps taken in the forma-
ton of our State constitution, the
original draft and later amendments.
From what record can be found
or the debates and doings of the con-
vention.' he said in opening, "the
delegates are shown to have been a
sturdy, conscientious, intellectual,
BROAD minded set, many of them of
marked ability and eloquent, AMI all
impressed with the duties and re-
sponsibilities charged upon them.
And so we'll did they perform this
duty. that in more than one hund1 4
years. through all the changing
times and conditions accompanying
our marked progressive stages, with
our increase in population and wealth
causing increase in almost innumer-
able demands. there have been but AZ
amendments made to the original
Constitution since it's birth, and but
few of these constituting any great
changes in principles or form of gov
eminent"
In closing President Hamlin said:
L fear we are drifting into Il ten
dency of too readily amending { II
Constitution and the passing of too
many laws. Again the pendulum in
Federal Constitutional matters has for
some little time been swinging toward
Capitalization and the States parting
with their powers.
Let us pause. and reflect, conside,
the grand State Constitution under
which, with few amendments, we have
lived for more than one hundre d
years, during an increase in popula
ton from less than 100000 to nearly
three times this number. amidst the
changes in educational, industrial
and social life, and see if conserva
tism should not rule the day and
teach us not to be led astray by fads
Of the times, but rather to exercise
greater care in amending our Consti-
tuition and In preventing the passing
of unnecessary laws.
Loyal to the Federal Constitution
and loyal to the State Constitution
! let us live in the future, as we have
in the past. trusting in the intelli-
gence and sound judgment OF all the
people, feeling secure in the firm be-
| lief that there can never be any
storm which the Ship Of our Union