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1 Recent Criticism of the Federal Judiciary 1895

handle is hein.beal/rcfedjd0001 and id is 1 raw text is: RECENT CRITICISM OF THE FEDERAL JUDICIARY. By HON. WILLIAM H. TAFT, Judge of the United States Circuit Court of Appeals, Sixth Circuit.' Within the last four years, the Governors of five or more states have thought it proper in official messages to declare that the Federal courts have seized jurisdiction, not rightly theirs and have exercised it to the detriment of the Republic, and to trrge their respective legislatures to petition Congress for remedial action to prevent future usurpation. One legis- lature did present a memorial to Congress reciting the griev- ances of the people of its state against the Federal Judiciary and asking a curtailment of the powers unlawfully assumed by them. The principal charge against the Federal courts, which an examination of these documents discloses, is that they have flagrantly usurped jurisdiction, first, to protect corporations and perpetuate their many abuses, and second, to oppress and destroy the power of organized labor. These charges against the Federal Judiciary have not been confined to messages from state Governors. They also come from persons, who although not holding high office, have a standing before the Bar which entitles them to respectful attention. Much of what is found in the official communica- tions I have referred to concerning the treatment of corpora- tions by the Federal courts, has taken form from the articles and addresses of the editor of the AMERIdAN L'Aw REVIEW. This gentleman, well-known as an able and prominent law text writer, has given much attention to the Federal decisions on corporate matters and has expressed his condemnation of many of them in language that has lacked nothing in freedom, emphasis or rhetorical figure. I The above address delivered by Judge Taft, at the Annual Meeting of the American Bar Association in August, and revised by him for publica- tion, is here published with his permission. 576

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