Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
[Footnote 37: Reported in 14 Howell's State Trials, pp. 1-114.]
[Footnote 38: 188 United States Reports, p. 543.]
[Footnote 39: 114 United States Reports, p. 270.]
[Footnote 40: 9 Wheaton's Reports, p. 738.]
[Footnote 41: 16 Wallace's Reports, p. 220.]
[Footnote 42: In re Ayers, 123 United States Reports, p. 487.]
[Footnote 43: 123 United States Reports, p. 443.]
[Footnote 44: 172 United States Reports, p. 516.]
[Footnote 45: Ex parte Young (Attorney General of Minnesota), reported
in 209 United States Reports, p. 123, and the case of Hunter (Sheriff
of Buncombe County, N.C.) _vs._ Wood, 209 United States Reports, p.
205.]
[Footnote 46: Willcox _vs._ Consolidated Gas Co., 212 United States
Reports, p. 19.]
[Footnote 47: Cotting _vs._ Kansas City Stock Yards Co., 183 United
States Reports, p. 79.]
[Footnote 48: 1 Cranch's Reports, p. 163.]
[Footnote 49: 4 Cranch's Reports, Appendix, pp. 507-508.]
CRITICISM OF THE COURTS[50]
The attacks upon our courts which are constantly being published in the
press throughout the country disclose a feeling of hostility towards
the present system of administering justice that is probably the most
portentous sign of our times. That the lawlessly inclined, who are
fortunately still in the minority, should be hostile to those who are
charged with the duty of enforcing and compelling obedience to the laws
of the state or nation is not at all surprising and is perhaps almost
inevitable in populous communities. But it is indeed surprising, and
a legitimate cause for profound anxiety and misgiving, that thousands
of honest, industrious, moral and law-abiding citizens should believe
that the laws are not being impartially or justly administered, and
that this erroneous belief should be inculcated, not only by the press
and unprincipled demagogues and politicians but by reputable leaders
of American labor and American public opinion, and even by educators.
This belief has become so widespread and so fixed in the minds of vast
numbers of our people of all classes, educated and uneducated, that
only the most exhaustive consideration and discussion of the subject
would be now adequate. Numerous letters received by the sub-committee
of the New York State Bar Association, some of which are submitted with
its report, show the intensity of the hostility towards the courts and
the extent to which it is based upon ignorance, prejudice and malice.
The fact that the writers of most of these letters are sincere need not
be challenged, but, this being conceded, many of the statements show an
utter failure to investigate the facts and an entire indifference to
the truth, and some are obviously puerile, or inexcusably inaccurate
and reckless. On the other hand, the spirit shown in letters from some
of the labor leaders must inspire the hope of their loyal assistance in
an impartial and thorough investigation. A great amount of good might
be accomplished by cooperation with them. Such a letter, for example,
Public-domain text, read in full here on John Shaqi.
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