The morning call., 1892-01-22
NOTHING TO RETRACT.

In conversation with a GALL reporter al
Washington Senator Power Of Montana
stood by A recent speech in which he had
charged q Judge on the Supreme bench
with using his influence in behalf OF certain
corporations. Senator Power IS reported a.
saying California Is a country owned alb
s0lutely By railroads That influence con-
trolled the Salt Lake convention. There is,
/ dislike TO say il, a Judge on the Supreme
bench who is actually a lobbyist in getting
a Judge named to-day" Senator Power is
sorry to make this charge, but, having con-
WINGED himself that it is true, lie makes it,
He has much less cause to be sorry than the
railroad company which requires of its
friends such service as the Judge is charged
with having rendered. There seems to be a
disposition in certain quarters to teach the
people that a Judge is above criticism.
Would it not better to teach that a Judge
should refrain from acts which invite crit-
cism? Are the people to remain dumb
while courts cOnstrue law in the interest Of
powerful corporation and while individual
judges use their influence TO strengthen the
corporations they serve on The bench. The
Supreme Court Of the United States has
lately given a decision that an officer of
corporation who is charged with having
procured violation Of a Federal law need
not answer questions that viii tend 10 crimi-
nate himself. The tsrm tend TO criminate
himself covers almost any question that
can be asked. 4 witness might refuse to
give bis name. bis occupation or business
position Oh the ground that an answer
would tend 20 crminate himself. A good
many years ago the Supreme Court of the
United States decided In effect that a negro
had no rights which white man Is bound
t. respect. Tie decision stood until it was
reversed by the people. With a wonderful
approach to unanim,ty the people said that
if snch was the Constitution the Constitu-
ton should be amended, and history records
that the Constitution was amended.
The decision Of this later Supreme Court
is in effect that while men lave no rights
waIch corporations are bound to respect
Congress passes law prohibiting railroad
companies from giving rates to one that are
not allowed to ali. An officer Of a power
full corporation induces railroad company
to disregard the law. But when the Offend
ing corporations official is called into a
court Instituted to ascertain the facts Of a
case of this kind, the inquiry is met on the
threshold vita a ruling that the party to
answer questions that will tend to criminate
/ himself. In most cases OF this Kind there
are no witnesses to an agreement. There
may be indirect evidence that an agreement
has been entered into. but the rule which
tie court established for the parties to the
agreement Will apply as well to subordinates.
No subordinate need give evidence that
will tend to cTimnate himself. The real
service Of this subOrdnation of Justice to
the interests Of corporations lies in the fact
that for a great many years corporations
have held the key to public Office. Senator
Power was not quite right in saying that
tie railroads own California, but If he had
said that one single railroad company con-
trolls California appointments to office from
the United States SenatorshiD to the cleo
ton Of Justice of the Peace there would
have been no one to say him nay. What
can be expected Of courts when railroad
company has the power to nominate judges.
1t is sometimes said that no man Is obliged
to enter public lile This is true, but when
the conditions are such that decent men
shrink from the performance Of public du-
ties the public will be served without pre-
tensions to character, who Will look only to
the railroad for support.