The herald., 1893-09-14
THE POWER OF JUDGES cURrAILED.


We are not now talking about the
license OF the press, which can be made
as great an abuse as any form of tyran-
ny. 1t was Thomas Jefferson who said
that if he were compelled to choose be-
tween government without press and
a press without a government he would
take the latter alternative, and he was
unquestionebly right. What wretched
country it would be if all independent
opinion were suppressed, and officials
smenable to the people were to have
everything their own way? The tempt
alton on the part of judges to overrate
their own Importance is almost irresist-
ible, and we have seen this tendency
carried to the extreme in California.
The last and most ridiculous example
of this overweaning ambition on the
part of judges to assert their authority
lately occurred in San Jose. An i'm
portant divorce suit was pending which
interested the whole community, and
under the statute of California which
| gives the courts power to exclude spec-
tators in cases where prurient and
salacious narratives and episodes are
likely to beexploited. The enterprising
editor of the San Jose Mercury, Mr..
Charles M. Shortridge, procured full
account OF the general features OF the
trial, which he had perfect right to do
if he could, and published them. The
jackassical judge thereupon summoned
Mr.. Shortridge before him, and inconti-
nently proceeded to fine him for con-
tempt OF court. The enterprising
journalist appealed from the unrighteous
decision, with the result that the action
Mr.. Shortridge stood forth vindicated
before the world, while the pragma-
tical judge is fittingly overwhelmed
with ridicule. AS we said at the outset,
the liberty OF the press itself needs no
vindicatiop. From Lord Erskine down,
the most illustrious lawyers of all time
have been glad to be its champions.
The San Jose Simple Simon of Judge,
however, gives US, by his foolish ruling,
occasion to note very great evil that is
springing up in the United States. We
have in this country innumerable Judges
fifty to one that exist in England
and they are all possessed of the idea
that all the dignity that attaches to the
ermined Importance of the judges of
her majesty 8 Queens Bench inheres in
them personally. The probability is
that California alone has as many judges,
counting in Supreme and Superior ard
those of the appeals commission and
United States courts, as the right little,
tight little isle. Clothed in their little
brief authority, old King Lear himself
never imagined such portentous crea-
lures OF self-importancs as many OF
these little iudglings are.
The fact is that, in the United States
at large, we have inherited entirely too
many of the superfne traditions of the
English bench. Going back to the good
old days when black letter and missal
illumination were the order OF the day,
the English kings themselves were
won't to administer justice in person in
Westminster hall. AS a consequence,
extraordinary ceremony and circum-
stance hedged the operation round, and
quite naturally for those days, as both
the spirit of litigation and OF treason
might seek qualification on the sams oc-
casion. Thus. the man who shall draw
his sword in the precincts of the court
the word always pertaining to the SOW
ereign-shall have his right hand cut
off. When the kings ceased to admin.
lister justice in person, the lord chan
cellor and his minor justiciaries were
loaded with gowns and wigs, with the
view of keeping up grand fanfare and
make believe of majesty, hoping thus to
impress the ignorant multitude.
What need have the people of the
United States of all this frippery. fun.
merry and frumpery In this day and
generation it has lost its force. A man
may and often has, and still more fire.
quently ought, to have great contempt
OF court, but unless he impedes the
action OF a judicial tribunal he ought to
be allowed to retain it. A muscular
bailiff is amply sufficient to protect the
courts dignity, and ii one will not do,
then pay two lusty fellows to help the
court out of its difficulties. When An
drew Jackson was judge down in Ten
nessee, in the frontier days, he was
wont, as Mr.. Parton in his life OF Old
Hickory informs, to maintain the dig
nifty of his own court. He was never
known to punish judicially any body
for contempt, committed in or out OF
his court. His usual eXpedient was
to call upon the clerk to enter
an adjournment for ten minutes; and
then, without any further ceremony,
he would run like lightning down to the
door OF the court house, which was en-
compGssed around by worn" fence ;
and, selecting stout hickory rail, he
would return with equal CELEBRITY and
ram" the refractory litigant into q
state that would menace no further the
dignity Of his august tribunal, where
upon he would resume the regular order
OF procedure.
This is surely better than frippery,
hummery and frumpery-a sort of
trinity OF aliterat;on-but each word
has an exactly poised significance calcu-