Addresses by Honorable William H. Taft ... and by Honorable Elihu Root ...: Delivered at the Thirty-fifth Annual Meeting of the New York State Bar Association, Held at the City of New York, January 19th and 20th, 1912 ...1912 - 35 pages |
Expressions et termes fréquents
1912 PROCEEDINGS 1912 Reprinted ADDRESS BY HONORABLE administration advocates amendment American Bar American Bar Association ANNUAL DINNER January appeal to preju Applause Bar Association DELIVERED Bar Association HELD believe Chairman change the law Chief Justice Marshall citizen clients contravenes deal decide declared demn DINNER PRESIDENT due process duty enforce essential executive executive power Federal fitted for popular fundamental gentlemen HONORABLE ELIHU ROOT impatience impersonal rules inal inconveniences individual JANUARY 19th judicial branch judicial decisions Judicial recall Judiciary law-making body lawyers legislative act liberty limitation upon power litigants ment neces necessary need the Bar officers official power ordi passion persons popular majority powers of government prescribed limitation preservation President Root PRESIDENT TAFT process of law reform representative legislature respect right conduct ROOT As President rules of right sary sideration social theories statute thing THIRTY-FIFTH ANNUAL MEETING Thirty-fifth Annual Report tion unsatisfactory decision virtue weak York State Bar
Fréquemment cités
Page 31 - But neither the amendment — broad and comprehensive as it is — nor any other amendment, was designed to interfere with the power of the State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and prosperity.
Page 30 - The question whether a law be void for its repugnancy to the Constitution is at all times a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Page 27 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained...
Page 17 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Page 31 - ... undoubtedly intended not only that there should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights...
Page 18 - Instead of the give and take of free individual contract, the tremendous power 'of organization has combined great aggregations of capital in enormous industrial establishments working through vast agencies of commerce and employing great masses of men in movements of production and transportation and trade, so great in the mass that each individual concerned in them is quite helpless by himself. The relations between the employer and the employed, between the owners of aggregated capital and the...
Page 31 - ... no greater burdens should be laid upon one than are laid upon others in the same calling and condition...
Page 28 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Page 28 - It is a proposition too plain to be contested, that the Constitution controls any legislative act repugnant to it; or, that the legislature may alter the Constitution by an ordinary act. Between these alternatives there is no middle ground. The Constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it.
Page 33 - Lincoln's noble sentiment of charity for all and malice towards none was not a specific for the Civil War, but is a living principle of action. These are truisms, but if at any time they should be forgotten (and they seem to be sometimes), we should remember that they are also essentials; and we should recall them and insist upon them and preach them, for they are part of the gospel of human freedom.