St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-09-30
HE WILL REAR WATCHING


Judge; but his discretion is open to
that of the courageous bull that essayed
to obstruct the conrSe of locomotive.
A day or two ago the judge issued an
order forbidding the newspapers of the
Bean City from printing any report of
evidence given in the trial of a case
then proceeding before him, threatening
with direst punishment any newspaper
that might offend. Whether all the
newspapers will consent to being gagged
by the judge is yet to be determined.
Judge Barker's order is both arbitrary
and illegal, and it is safe to say that i'll
any other city than Boston would have
evoked determined opposition or been
treated with the contempt which it
merited. All proceedings and inquisi
tions in the courts of this country are
public, and should be known to the
public, and the newspapers have per-
feet right to report them, no matter
what interests may be involved. Star
chamber inquisitions are repugDant to
our ideas OF justice, and have frequently
been iudicially denounced as contrary
to public policy. If it were held other
wise, there would be no bar to the per-
petratlOn of the most gigantic wrongs
by the judiciary affecting the personal
liberty and property rights of litigants.
A judge is but servant of the people,
and the people have an undoubted
right to know how we'll he discharges
the duty entrusted to him or how far he
transcends or falls short in the per-
Torrance of that duty. In this age and
in this country there is no divinity that
doth hedge about an occupant of the
bench. Any attempt to invest him with
the attributes of superiority or to place
him upon a pinnacle where he shall be
free from criticism or reproof, will be
resented to the utmost.
If our judges were infallible in
their judgments; if they were I'M
preiudiced and falr-minded under all
circumstances; if they were always
learned In the law and qualified by
education and temperament to ad-
minister it with discrimination and
strict impartiality, they might assume
airs of superiority. But. unfortunately,
all judges are not immaculate. Our man.
ner of selecting them is not promotion
of the highest degree of learning or ju-
dicial temperament. Frequently men
are chosen for these positions by reason
of their superior skill in manipulating
caucuSeS and conventions. or for the
services they have rendered at the polls
to the appointing pc wer. While we
have many able, just and upright
judges. whose acts are above suspicion,
we yet have others who are but poorly
qualified to dispense justice according to
law. They are prone to allow their in
terests, their prejudces or their parti-
san bias to influence their judicial acts.
Many such as these are held in check
by the publicity which their rulings re-
ceiVe through the columns of the daily
press. Tyranny from the bench is
almost impossible if all judicial man.
dates are subjected to the scrutiny of
the press. Corruption in such an office
is rendered difficult and hazardous by
the constant supervision of the public
through the medium of the daily reports
of proceedings in the newspapers. Pub
licity. in fact, is the only safeguard
which the public possesses against judi
cial aggression, oppression and venal-
ity; and the public will not surrender
the right of criticism and review of the
judiciary at the behest of any self-im-
portant or accidental incumbent of a
seat upon the bench.
The-newspapers of Boston will dis
play cowardice and a want of apprecia-
ton of their own Importance and their
imperative duty if they submit tamely
to the dictatorial mandate of Judge
Barker. He evidently needs watching
he certainly should be brought to q
realizing sense of the fact that the
courts are the peoples tribunals, and
that whatever transpires within them is
the property of the public and should
be published without let or hindrance