THE AMERICAN LAWYER
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about us are unmistakable signs of material, powerand jurisdiction. It was never stronger intellectual, and moral prosperity. The than to-day. people are free; the ballot is in their hands, Commercialism is a threadbare topic of and they are the government. By them universal discussion. Its existence is as officers are elected and measures enacted. sumed, and all activities are believed to be There is rotation in office and laws are sub influenced by it. We hear on all sides of ject to change. All action is temporary. the materialism and commercialism in all The will of the people is the thought or the things, and the sad inference is drawn that the pursuit of wealth is now the sole object whim of the hour. That which is perma nent is the inherent power of the people. of life; that the rich are growing richer and That abides; all else is transient. If the the poor poorer. It is a clever phrase and law of to-day be unsatisfactory, to-morrow catches the open ear of the thoughtless. it may be changed. There is nothing sacred To the thinker it is idle. It is true the ma in a statute. Its enactment and repeal are terial prosperity of our country has marvelbut the expression of the hour. While the ously increased during our lifetime. In this statute remains it is the supreme law. In prosperity all have shared. We have better its impartial execution is the whole safety houses, better furniture, better food, better of our government. Only in the courts can schools and colleges, and libraries and the honest administration of the law be churches; better roads and parks; better hos determined. Their judgment is the final pitals and asylums, better public buildings. If this generation be chargeable with avarice, arbitration. The stability of the court does not lie in it is rather rapacious than tenacious. Never its power. To the lawyer it may be a was wealth held with a more generous hand. source of admiration that the people bow The claims of humanity are acknowledged. to the authority of the Court when a law is Never were the poor and needy better declared unconstitutional. But it must be watched over and cared for than to-day. remembered that such a decision always sets Never did the child born into the world at naught the will of the majority. The have a better opportunity for health, growth, majority is conquered, but retains its "un education, comfort, and culture. Never did conquerable will." It yields, because of its the law reign more supremely or more be belief in the integrity of the Court : it yields nignly. Never before could a president of because, although failing in its special ex the United States suggest peace to bellig erent nations; one elated by continuous suc ercise, its power still remains. Every declaration of unconstitutionality cesses, the others wounded by unexpected is a test of the loyalty of the people to the reverses, and receive the thanks of each and majesty of the law. The acquiescence of the gratitude of the world. We are told the people is a magnificent tribute to the the dove that went forth from the ark re judiciary. Why do the people pay this turned, for it found no resting-place. The tribute? It is trite to say that it is because letter of the President found a resting-place of the acknowledged power of the courts in the heart of humanity. If there be com vested in them by the Constitution. The mercialism in all these things, then, indeed, Constitution rests upon public opinion, and is it robbed of its sting. It is an old cry. in matters pertaining to law, public opinion John Adams, in 1776, wrote bitterly of rests upon the opinion of the bar, and the bar recognizes and sustains the authority the corruption of his time, of its rapacious of the Court. The judiciary is the strong and insatiable venality. He was ashamed est department of our government. It is of his age. Fisher Ames, in 1802, said of the the most permanent. It has amplified its Boston Bar: "I know of no very promising
