Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-06-12
THE ILLINOIS JUDICIAL ELEC-
TION.

Some time ago, the Chicago Journal
presumed to make an unfavorable criti-
cism upon a decision of the Supreme
Court of that State, on writ of error,
whereby a new trial was granted to,
person indicted for'the crime of murder.
The article was bitter and contemptu-
Gus in its tone, attacked the judges as
being under the influence and control Of
the mob spirit, and stated that the new
trial was granted in response to the die
tation of that element. The article, al
though ill-advised and uncalled for, was
one which had better been passed by
without notice. The Chief Justice and
majority of his associates, however,
were foolish enough to be indignant at
its publication, and fancied that its ten
dency was, or would be, to bring the
court into contempt, and impede the adj
ministration of the laws. Instead, there
fore, of paying no attention to the mat
ter, they dignifed it into Importance, by
ordering the Attorney General to file an
information against the offendingpublish-
Grand editor, AS for contempt of court,
issued an attachment against their bodies,
and fined them for. the publication there
of. AS TO the right and power OF the
court so to act, there is, and can be, no
question; and the legality of the impos-
ition and exaction of the fine was, alike,
unquestionable 1t was one of those
matters of discretion, which court can
take notice of, or not, at their pleasure,
and which, unfortunately, the court did
notice.. No question of law was in
volved. The intent and meaning of the
criticism was simply matter of con-
struction, the question of noticing it or
not, one of expediency and policy, and
the punishment a matter of discretion.
The conclusion of the court was to
inulct the offending parties in a fine.
The fine was paid, and from that time
dates bitter hostility, on the part of
the Journal, against the Judiciary of
Illinois. This was the commencement,
or nucleus around which the opponents
of the integrity, purity and political in
dependence of the courts in Illinois have
rallied.
1t may. be confessed that the action of
the court, In this case was foolish in the
extreme; but if foolish or mistaken de-
cision affords sufficient grounds for the
overthrow, or attempted overthrow, of.
courts, then farewell all stability to law
and order. Probably the number Of
suitors who have come out of court with
a '1ost cause" without believing the
judgment or verdict against them was
contrary to. law, evidence and right, is
very small. A combination between
these defeated suitors and their friends
If so be it they could convince them
they were right and abused, and the
courts wrong and the abusers- would
produce rotation in judicial office little
desired by the people. Courts, in the
vast majority of cases, are generally
right. They would be more than hui
mas if they should not, sometimes, err.
1t may be noticed that right, legal anG
timely action or Judgment of a court is
as apt, if not more apt, to be denounced
and attempted to be used to bring courts
and the law into disrepute, as is one That
has the shadow of doubt about it. This
brings as to. the second step in the ILL
nois Judiciary trouble. The only differ
ence between the decisions complained
of, and used to build up the opposition,
is that while the first rested purely in
the discretion of the court, and its use
was of doubtful utility, the second de
cision was founded upon unquestionable
right, justice, law, reason and common
sense. This second case had its origin,
too, in Chicago, in the enforcement of !.
the criminal laws of the State. A liquor
seller had been arrested for an alleged
unlawful sale of intoxicating liquor, and
demanded jury trial. In empanneling
jury, the respondent objected to one
of the number, for the reason that he
was Temperance man." which objec-