The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1891-12-29

free people the amazing spectacle of a
court established by the people to in
terpret the law and be the final arbiter of
their issues, arraigned and dashed by the
inferior tribunal that has sworn to do it
honor and bow in respect to Its mandates.
We have the still more amazing spectacle
before our eyes of the man whose cause
was the occasion of the issue, himself a
sworn officer of the court and bound to at
least formally respect it, in turn assail-
ing with unmeasured bitterness and all
manner of contumely the Judge of the
court that, rightfully or wrongfully. held
against him.
And the people appear to take on no
concern for these disgraceful and danger
Gus manifestations Their apathy, or
want of sensibility, we may well believe
is the legitimate result of familiarity with
gross assault by the newspaper press
upon the officers of the law and admin
istrators of the peoples will as expressed
in forms of law. If that conclusion is
sound. then indeed we are descending
the path that leads to extinction of free
government
1t is proper for press and laymen to dis
cuss the laws and debate of their wisdom,
their strength and their weakness. 1t is
right for a manly press to criticise the
courts and to frankly and freely discuss
the soundness of their decisions. But no
error short of corruption and malfeasance
can excuse in press or layman what the
past few days in California have sent
down into history 10 the shame of the
State.
Courts have been warned not to decide
adversely to preconceived ideas of the
law on the part of obscure writers for the
press; Judges have been threatened with
assault upon their motives, if they dared
to think for themselves or apply to the
Interpretation of the law the usual settled
and undisputed rules of construction that
have grown out of the experience and
wisdom of ages. They have, for doing
what they conceived to be their solemn
duty, upon the record before them, been
menaced with threats OF impeachment,
lampooned by hired bufoons, and the
the scorn and loathing Of men invoked
against them. And this without public
mitigation being reused to virtuous pro-
test.
We repeat that when such things can
be, when veneration for the laws and the
forms of law, when respect for the adj
ministrators of the law sinks to such
stagnant level, it argues low and most
dangerous grade of public opinion, and
that something is wrong with the politi-
cal health of the people. 1t argues that
we are imbibing exaggerated ideas of lib
erty, casting down all restraint and adj
vancing into the open of common dis
order and the eventual rule of the strong
arm.
If the laws are not enforced, if there is
open and fragrant disregard of the man
dates of the law-making branch of the
government, it is due far less to faulty,
defective and unwise legislation, than to
growing disregard to the forms of law
and the cultivation by lawless press of
the spirit of contempt for the agencies APP
pointed for the administration of the law.
1t is due to lessened sensibility op the
part of the people who submit to these
unwarranted assaults, and also to forget
fulness of the great truth enunci-
ated by Lord Campbell that ''the due
distribution of justice depends much
more upon the rules by which suits are
code by which rights are defined"