and truthful comment and criticism, which should be
binding when we speak of anybody, should be especially
binding when we speak of them. On an average they
stand above any other servants of the community, and
the greatest judges have reached the high level held
by those few greatest patriots whom the whole country
delights to honor. But we must face the fact that
there are wise and unwise judges, just as there are
wise and unwise executives and legislators. When
a president or a governor behaves improperly or unwisely,
the remedy is easy, for his term is short; the same
is true with the legislator, although not to the same
degree, for he is one of many who belong to some given
legislative body, and it is therefore less easy to
fix his personal responsibility and hold him accountable
therefor. With a judge, who, being human, is also
likely to err, but whose tenure is for life, there
is no similar way of holding him to responsibility.
Under ordinary conditions the only forms of pressure
to which he is in any way amenable are public opinion
and the action of his fellow judges. It is the
last which is most immediately effective, and to which
we should look for the reform of abuses. Any
remedy applied from without is fraught with risk.
It is far better, from every standpoint, that the
remedy should come from within. In no other nation
in the world do the courts wield such vast and far-reaching
power as in the United States. All that is necessary
is that the courts as a whole should exercise this
power with the farsighted wisdom already shown by
those judges who scan the future while they act in
the present. Let them exercise this great power
not only honestly and bravely, but with wise insight
into the needs and fixed purposes of the people, so
that they may do justice and work equity, so that
they may protect all persons in their rights, and yet
break down the barriers of privilege, which is the
foe of right.
Forests.
If there is any one duty which more than another we
owe it to our children and our children’s children
to perform at once, it is to save the forests of this
country, for they constitute the first and most important
element in the conservation of the natural resources
of the country. There are of course two kinds
of natural resources, One is the kind which can only
be used as part of a process of exhaustion; this is
true of mines, natural oil and gas wells, and the like.
The other, and of course ultimately by far the most
important, includes the resources which can be improved
in the process of wise use; the soil, the rivers,
and the forests come under this head. Any really
civilized nation will so use all of these three great
national assets that the nation will have their benefit
in the future. Just as a farmer, after all his
life making his living from his farm, will, if he
is an expert farmer, leave it as an asset of increased
value to his son, so we should leave our national
domain to our children, increased in value and not