The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-07-04
THE ILLINOIS JUDICIAL ELECTIONS.

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he had just heard.
THE ILLINOIS JUDICIAL ELECTIONS
The first reports of the Illinois
election returns have been revers
ed by later information, and it now
appears that Judge Lawrence has
been defeated by the anti-monop-
list candidate. The contest was
close, and the majority is small,
but it is large enough to show
how public opinion in the West is
setting in reference to one of the
most important questions Of the
day. PROFESSIONALLY many farm
ers voted for Judge Lawrence be-
cause they were opposed to taking
grounds of apparent hostility to
the judiciary, and trying to re-
verse decision Of the Supreme
Court. Their scruples have been
overruled by the majority; and the
whole question, as to the rights OF
corporations and the power Of
the Legislature to regulate their
action, is reopened for considera-
ton.
1t is easy to condemn the farm
ers for presuming to question a
decision of the Supreme Court,
and electing Judge for the ayow-
ed purpose of reconsidering that
decision; and many influential
Journals have inconsiderately
yielded to the temptation. But
when the choice OF judge was
taken from the Governor and Civ
en- to the people, they we're invit-
ed to pronounce upon the decisions
as well as the character of the
bench. Their action in this in
stance is perfectly legitimate.
Moreover, the ground on which an
elective Judiciary has been defend
ed is, that public interests and
righte are of vastly more account
than the technicalities of law; and
that, on the whole, justice is more
likely to be done by the common
sense and the common sentiment
of a community than by class of
men trained in legal technicalities,
and professionally isolated from
the great body Of the people. Ev-
crybody knows that justice is Of
ten throttled and checked by the
letter of the law and the rigid in
terpretations put upon it by
men. who have schooled themselves
to consider every question from a
strictly legal point of view, IN the
light of presidents and without
regard to principles. This is the
reason the people were taken into
court, as it were. 1t was felt that
the bench would be improved and
invigoFated, and the interests of
justice would be advanced by in
Producing a popular element into
the judiciary, and snatching great
questions out of the grooves of a
narrow routine and the grip. Of q
profession which looks at every
thing through legal microscope
that conceals more than it reveals,
into the public arena and in open
day, to be decided on grounds of
public utility and intrinsic justice.
Judge. Tany pronounced his cele
brated decision on technical
grounds; but the people instinct
lively felt that he had smitten JUS
tice by an Interpretation which,
howey er in accordance with law,
was violation of the fundament
al principles of liberty; and they
reversed his decision. They de-
cided that a negro has rights
which q white man is bound to re-
spect. Judge Lawrence. has vir-
tually decided that the railroads
hold charters which empower them
to charge what they please, and
that neither the Legislature nor
the people can help themselves.
The farmers. say, THAT may he
good law, but it is fragrant injus-
tice; and we want to know how a
Legislature can create a corpora
ton that it cannot also control
and regulator This lifts the
whole question out.of the thiclket
of legal bubbles and technicali
ties into the clar field of common
justice, to be decided upon princi-
pies and considerations that effect
every interest and every class in
the commonwealth. 1t is not party
against law, but the people read
ing the law with their own eyes in
broad daylight. II is not a party
oversloughing the Judiciary, but
the people recovering a State.
We have too much respect for
the intelligence of the farmers of
Illinois to even imagine that they
contemplate raid upon the rail
roads.of that State, or even dream
of canceling charters and break
ing contracts sacredly made, how
ever onerous their terms may be.
The journals that impute such in
| tentions to these men draw upon
their fancy for facts. They do not
know the men. The farmers of
the West are an intensely practical,
matter fact, sagacious people.
They are not given to fighting
windmills, nor tying their boats to
moenbeams, nor beating their
brains out in testing the law of
1 gravitatiOn. They are oppressed
with a real and tangible grievence;
and, while they honestly mean to
respect every right of every cor
poration, they insist that the char
tiers OF these corporations shall be
read in the light of public inter
ests, and interpreted in accord
ance it'll the pr neiples of com
mon Justice. They con end that
there are certain bottom rights,
which the State" has not parted
with, and which the Legislature
| ha no authority to impair, under
lying the charters in question; and
they appeal from tn letter of the
statute book to this unwritten law
of popular rights for rev ersa1 OF
judge I4awrence's decision. And
il remains to be seen whether theil
view of the case, when carefully
presented, is not the true one, and
whether the interests of justice, as
well as of liberty, are not safer in
the custody of the people than in
the keeping ola elass.-New Yorl
Graphic.
lice on THE OCEAN WAVE
, The following strangely true story
, is related in a telegram dated New
York, june 18th:
J. E. Van Doren, son of Rev. L
H. Van Doren, of Boonton, Ney
Jersey, who has been missin.
eight months has turned up.