Evening star., 1926-05-02
THOMPSON ASSA|LS
DISREGARD Of LAW
Reformers, Lax Officials and
Sinking Citizens Blamed
at Legal Dinner.

Reformers, public officials who do
not live up to their oaths, citizens who
shirl their duty to their Government
professional politicians and Congress
all We're charged last night with acts
tending to create a diSreSpect for law
which amounts today TO Il rebellion
against Constitutional restraint"
This wholesale arraignment was de
livered by Floyd II. Thompson, chief
Justice of the Illinois Supreme Court,
speaking before +ha closing session of
the American Law Institute at the
MavtiOWer Hotel.
with public officers sworn to up
hold the organic law defiantly refusing
to obey its mandate" he said, "how
can we wonder at the defiance of the
moh' If public officers and private
citizens can with immunity nullify
those provisions of the Constitution
with which they are not in accord
then written constitutions become
mere scraps of paper"
Judge Thompson described how the
courts of justice interpret for the
Nation the laws of legislators in the
light of the Constitution, and said an
enlightened public opinion will help
solve our problems.
SEQ Jurists Present.
Other speakers at the banquet ses-
sion which was attended by more
than 500 jurists and their guests.
were George w. Wickersham, preSi-
dent of the institute. who was toast
master. Frederick +. Crane. judge of
the Court of Appeals of New York,
and Roscoe Pound, dean of the Har-
ward Law School and arbitrator of
the Claims Commission of the United
States and Great Britain.
Judge Thompson charged that Con-
ErcsS and the State of Illinois per
Sistently refuse to obey the mandates
Of the Federal and Illinois constitu-
tions, respectively. which provide, he
said. that there shall be reappOr-
tionment Of representatives according
TO latest census of the populations.
When these two representative
bodies diSObey a clear mandate upon
them, how can they expect the citi-
ZenS to obey mandates they make.
Judge Thompson asked.
Assails VETS and Drys.
Touching upon prohibition. Judge
Thompson declared that both the boot
logger and the dry Zealot are at fault.
"USurpatiOn of power by public
officers or unofficial law enforcement
agencies is the forerunner of despot
ISM" he asserted.
Judge Thompson protested against
reform agencies who are "continually
tampering with the machinery of the
Government" but who give little at
tention to the morale of the individual
voter. Enfranchised citizens who
stand placidly by and let professional
politicians form "organized minorities"
land control the Government also were
attacked.
Judge Crane recounted the plan Of
the American Law Institute to restate
the common law of the Nation in
order to clarity the law as it has de-
veloped from myriad of decisions
by courts, so that it will be ineligible
to the laity and legal profession.
Courts do make the law" he said.
1.-THE courts and their decisions must
come first. adapting the law to its
uses. venturing at times upon de-
cisions which have a certain touch of
Statesman-like initiative"
Judge Crane lauded professors of
law. lawyers and judges as the chief
guards of justice. and declared that
they are actuated. not by a spirit of
materialisn, but by the high call Of
duty.
Dr. Pound warned the members of
the institute against too optimistic
belief in the efficacy of a restatement
of the common law, pointing out that
even with such "codifiCation" judges
and lawyers still would have to study
each case painstakingly in order to
arrive at just decisions.