The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-06

JUDGE FITZGERALD, of Cincinnati, though
a Democrat, seems to be a man with both a
conscience and a backbone. He is judge of
the Criminal Court. He had to pass upon the
case of a keeper of a house of amusement who
gave a performance on Sunday. It was a vio-
lation of the law, and Judge Fitzgerald so
treated it. He was at once threatened by the
personal liberty" law-breakers, and one Of
the personal liberty organs bitterly assailed
him. Yesterday he called the attention of the
court prosecutor to the defamatory article,
which was intended as an obstruction Of the
due administration of justice, and in the
course of his remarks the Judge said:
t'The court is reminded of the fate Of Judge
Higley, and also reminded that by following
temperance proclivities in my actions here /
am likely to draw upon me the disfavor of a
large number of citizens of this city. | am
also reminded that to take the side of law and
order will consign me to political infamy. If
not only to have strong proclivities in the line
Of sobriety as against drunkenness, but to
advocate them also-if that will consign me
to the execration and contumely of my fellow
citizens, the sooner | am consigned the better.
If to be, whether as a court or individual, in
favor of law and order will bring down on my
head the disrespect or i'll will of any person or
all of this community, then the sooner [ am
held in bad odor by those who find fault with
me for being in favor Of obedience to law
the better. My personal opinions are my own,
and never will be stifled. As to my judicial
conduct on the bench, the people of Cincin-
natl may judge for themselves how / have de-
ported myself in the discharge of every
duty according to the law and the dictates Of
my conscience. | would sooner have the con-
tumely and disrespect of every man and wom-
an in this town for being opposed to intern
perance and vice and in favor of law and or
der than have all the positions, political and
otherwise, in the gift of the city. My relig-
ion, my conscience, my nationality and my
politics are my own. [ give no man, no
party, no part of the community, any thanks
for expressing or cherishing my convictions.
They are unpurchasable commodities. and l
viii always express them when it becomes
necessary. I would sooner have the humblest
man or woman feel that / denounce and OPP
pose drunkenness that destroys home and
manhood; that l denounce the headlong, un-
bridled license of crime which has so long
disgraced this city. / am opposed to reckless,
indiscriminate proclamation Of the Sabbath,
and in favor Of respecting the law and decid-
ing cases according to the law and testimony.
l would sooner have these people believe
these things of me than have the balance
eulogize me because I forgot my duty to my
oath and to my God. I cannot be true to
God and false to man. / will be true to both.
My conduct on the bench will be in that di-
~rection, regardless Of whom it pleases or dis
pleases."
If there were more men on the bench, and
more men in politics and in public Office, like
Judge Fitzgerald there would soon be an end
to the offensive and arrogant assumption and
domination of those who confound personal
liberty" with the license to guzzle liquor in a
public saloon seven days in the week, and at
all hours of the day and night, and to attend
theatrical entertainments on Sunday. LIE the
people of the United States are worthy Of ''per-
sonal liberty" in its best and truest sense they
will see to it that the liquor traffic obeys the
laws passed for its regulation in the interests
of public morals and that Sunday is preserved
as a rest day in the interest of private rights
and social order; and we believe they will.