Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1889-07-26
THE JUDICIAL ERMINE.

In the institution of our govern
ment it was separated into three
coordinate departments-the Leg
islative, Executive and Judicial
distinct IN their spheres OF duty,
but all convergiBg TO the one point
of securing the enactment of wise
laws, faithfully evecnted and i'm
partially interpreted. The equal
rights of all citizens and the geu.
eral welfare, were the cardinal oh.
lects to be attained. The Leglsla-
ture was designed for the enact
ment Of statutes to meet the wants
and emergencies of community +;
the Executive Department to en-
force them as enacted, and the
judiciary to cOnstrue them so that
they should not conflict with the
fundamental law and the lmmnDi-
ties it guaranteed.
OF these three departments,
while one Is equal to the other IN
Importance and equally essential,
the judiciary has hedged about IT
dignity and sanctity that do not
pertain to the others.-TO it il APP
pealed all controversies growing
out of the laws enacted and the
manner and spirit Of their enforce
ment. 1t IS the resort of the citl.
zen when either his personal rights
his property or his life Is IN peril,
or IS invaded, with confidence that
wherein he may have been wrong
ed, he will be righted. While the
investiture of the judicial ermrne,
does not abridge the rights of the
citizens so hOnored, it imposes
restriction upon their use and ex.
ercise to the end that when con-
tentions arise growing out OF leg.
islative or executive action, Impair
tial consideration may be given the
matter in dispute, and Justice adj
ministered free from party or per
sonal bias. 1t is this segregation
that has clothed the judiciary with
a sanctity and commanded for it
reverence that attach to neither
of the Observation-Disclosures sentl
ment has been SO educated and
public thought so trained under
this understanding of the sphere
and mission of the Judiciary that
they are shocked whenever there Is
a departure from it. OF all things,
the people desire to keep the Judi
ciary free from the talnt and con-
tsminatiOn of partizan politics,
and hold 1t alOOf from the cOnten-
tons and asperlties which seem
almost inseparable from the legis-
lstive and executive departments.
IL is the depository of the most sa-
cred mnniments Of the citizen, the
defence of the Constitution, and
the palladium of our liberties.
Recent occurrences, involving the
properties of the judicial position,
have invited these remarks. In
our own city, few evenings ago,
the Judge of the City Court was
put forward as candidate for
election as delegate to a State po-
litical convention. We do not
know that it was done with his con-
sent. 1t was an indlscretiOn on
the part of his friends, ifdoue with
out his consent. II was an indis.
erection on the part Of himself and
friends if done with his consent.
In either case il was ineXcusable
and censurable and an Ofiense to
conservative public sentiment.
In another case the Judge Of the
Western Judicial District of Nir.
ginia, who holds his position for
life, or doing good behavior, in.
vaded the privacy of the family to
formulate charge against an APP
plicant for an Office, and empha-
sized his protest by bis official sig
nature. His acumen as a lawyer
was not observed in the act, for the
charge he preferred was denied by
the only person who could have |
sustained it. The dignity Of the ,
judiciary was compromised, in /
that it was out of place for Judge /
to interfere in what was merely a |
political squabble, whatever other /
phase might have been sought TO /
be given 1t. The citizen, with pro. /
priety, might assign his reasons of /
objection to an appointment. The /
Judge, IN his official capacity could |
not proceed IN the matter until an /
offence against law had been com /
mitted and arraignment made
We mention these instances OF a
lessening of judicial dignity in no /
spirit OF captions fauit-hudiug, for /
in neither case were we personally |
interested. 1t is to call attention .
to an evident tendency to rob the |
Judiciary of its traditional sancti.
ty and to remind the people OF a |
duty they owe to themselves to /
frOwn down all such invasions OF /
the dignity of this great bulwark /
of their rights. The judiciary |
should be held apart from political |
controversies. Blind Justice should /
at all times hold suspended the /
balances, and the spirit and pur-
pose of our institutions, as founded
by the fathers, conserved and per
petuated in their original purity