St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-03-16
JUDGE JENKINS AND HIS PER
SECUTOE.G

Judge Jenkins proves himself rather
more than a match for those who have
been aSsaillng him. The congressional
committee recently appointed to inves-
tigate his decision relative to the status
of railroads In the hands of receivers
summoned him to appear before it. The
Judge peremptoriiy but courteously re-
fuses to go. He says that, as neither
his personal character nor official rectl-
tude has been called in question, he has
nothing to defend: and his judicial de-
ciSlon being the only matter in question.
he has directed copy of that document
to be sent 10 the committee for their
inspection and criticism. Although he
does not say so in words. it is easy to
read between the lines of Judge Jen-
kinS' letter hint to the committee that
the supreme court Of the United States,
and not congressional committee, is
the final arbiter of all questions of law,
and that he does not recognize the right
of the latter to make such an inquiry
and decision.
And Judge Jenkins is right, techni-
cally and morally. The legislative and
Judicial departments of the government
are distinct and independent of each
other. The legislative is the creature
OF moment of circumstances or pas
sion or prejudice. The judicial function
is deliberative. Although itself the
creature of legislation, it is designed to
oversee the legislative power, to guard
the citadel of the people from encroach-
ments, and see that justice is done to all
the people without regard TO the class or
condition of those who may be inter
eSted. 1t has the power to nullify the
acts OF the legislative department and
to restrain the executive from the eXer-
else of oppressive power. But when its
power is exercised in violation of law
and contrary 10 public. policy, it may
in turn be called to account. But not in
the way in which it is proposed to bring
Jhdge Jenkins to bar. 1t is proposed to
hold him responsible for the character
of the laws enacted by congress-to
make him bear the burden of their i'm
PROJECTIONS and of the Injustice which
they may create. The Judge has never
assumed to say that the laws that
prohibit the interference of strikers
with railroads in the hands of re-
celvers are just. He has simply de-
cided that they exist. and that as long
as they remain upon the statute books
they must be respected. His decision,
however, is not final. Those who differ
with him have an appeal to higher
tribunal. And this would be the proper
course for them to pursue. The fact
that they have taken no appeal to the
supreme court of the United States is
an admission that Judge Jenkins is
right in his Interpretation of the law.
Wereit not for this conviction. the case
would ere this have been laid before
the supreme court instead Of being
taken before congress. where partisan
ship and desire on the part of men,
berS to curry favor with the laboring
classes exercise more potent influence
than any consideration of judicial fair.
ness.
The GLOBE does not defend the law
under which Judge Jenkins decision
was rendered. but it iustifies and de-
tends the Judge for deciding as he did.
The result might have been different
had the constitutlonality OF the law
been called i'll question. But this w S
not done, and that issue could not be
introduced by the court. If the law is
justly interpreted by Judge Jenkins =
aid we must grant that it is so inter-
preted until higher authority shall de-
termine otherwise we must acQuit
Judge Jenkins, even although we may
impeach the law. And il the law is OBJ
Jectionable attack should be made upon
II. not upon the judge who interprets it.
The stand taken by Judge jenkins in
the matter of this Investigation is a
manly and dignified one. COMFORTING
alike with his high personal character
and his conception of the prerogatiyes