The morning call., 1893-09-29

Judge Barker of the Supreme Court of
Massachusetts seems to have an ultra dig
nifed notion of the gulf between the ben CHI
aud the editorial desk. A breach of
promise case is pending. and he has for
hidden any report or comment thereon
That he should have any right to enjoin a
report. if faithful and fair, not garbled, is
very disputable, provided the court is
open to the public. a newspaper may be
taken as one of the public, with no higher
rights in law. but it would be just as legal
to tell citizens not to discuss case or
breathe the name of single party as to
tell reporter not to report a line A
Judge may possibly close his court and act
legally, but lie is only arbitrary a. Gar
when he supposes he can suppress pub
liciiy in an open court. No court in Eng
land can do that, even when a Prince of
tie reiguing family is involved, but 1t is
perhaps poss bic in Massachusetts,. AS to
comment, that may be a breach of pro-
priety or contempt of court, but that de-
ponds upon what is said, not because
something is said.
Mr.. Gladstone was outspoken against
the irresponsible power welded by the
Lords far beyond any previous utterance.
He never had so much occasion to be out
spoken. As rule he has shown innate
conservatism in defending their lordshfps
from the rough and vigorous attacks of
advanced statesmen. who denounce the
upper chamber u hereditary nuisance in
great part consisting of nincompoops.
sc0undrels and selfish mediocrity. There
are not more than fifty distinguished men
in the whole chamber, and if they had to
20 before the people for election, not half
n haCa w ha cd l,rra
tuency enjoying the name of freedom from
propTietorial influence. Six millions of
voters will not tolerate this unreprssent-
alive nuisance forever. Ii is in a sneaking
social influence that their lordships have
their real power Ii Enelishmen were not
snobs at heart, they would spurn with
contempt any Difference to a creature
merely because he has title which too
often Is associated with a history of in
fanny. The present Duke of Rutland once
had the audacity to write:
Let laws and learning, arts and science die,
But spare, oh spare our old nobility.
The truth is, the old nobility has not
spared itself. 1t has become atrophied
into imbecility, and has lost its title to re-
spect in self-governing country.
AS it happens the Lords have a few men
of science in their ranks. They have Lord
Kalvin. who as Sir William Thomson has
made the world his benefactor. Lord Reay
and Lord Playfair. Lord Salisbury is
dabbler in science, too. A few are emf
nent in law and do some good, but there
are three times as many peers descended
from those who were eunobled as Lord
Chancellor. and almost the whole of these
are destitute of ability and would be
afraid to open their mouths in a debating
assembly. They are more familiar with
sport or agriculture than with statesman.
ship In its most elementary form. They
pass through Elton or Oxford as 'passes"
not TO be worried by study and taking a
degree as matter of course. Ii a second
chamber is to exist at all IL might possibly
cease 10 be nuisance IL chosen in the man.
ner of that of France, where the Senators
are elected for nine years, and one-third