The representative. [volume] (St. Paul, Minn.) 1893-1901, 1896-03-04

The conviction of a rich man Is such
rarity that I'm not surprised a sensa-
ton was produced in the office of the Chi
cago Inter- Ocean when the rich Dr. Arth-
ur Duestrow was condemned as murder
err
The editor of this paper points to this
instance as an illustration Of how the rich
are obliged to bite the dust for crime as
well as the poor and says:
'Giyen jury of the country and the
chances are that justice will be done as
surely against rich as poor offender
No opinion was passed concerning the
Justice dealt out by our judges of the
country" toward the rich as well as the
poor offender.
Inasmuch as justice is obliged to run
the gauntlet of the judges individual dis
erection and charges to the jury, it would
seem that the editors views pertaining to
the surety" of justice before our judges
''of the country" would have been in or
der.
Whether the omission was intended or
merely a fault of memory, "depOnent" can
only guess
There are exceptions to all rules, hence
Justice visits the rich occasionally.
Probably the Inter Ocean would admit
that when juries are fixed none but the
rich fix them,-also that when judges
are fixed none but the rich fix them,-
either judge or jury.
Amid purchasable material it is not diff
ncult to discern that an equal chance of
the poor with the rich is false tale. Few
are so innocent as to deny the salable
material or the disposition of the rich to
purchase everything in sight not obtain
able without
That an honest jury can be found to ad-
minister justice signifies but little if not
permitted to serve.
A jury of the country was designed to
be the bulwark of the nation but it is
sad commentary upon our civilization that
we do not always find such. That its
members are too often called upon to de-
eide between want and plenty in render
ing a verdict. and, too often succumb to
the long manipulating fingers of the rich
is not a question Of mere opinion.
We have unstable and fearless juries
and we also have unstable judges who
frown when the rich fawn and reject the
gold standard basis preferred but their
circle is contracting and at the present
rate 1t is question whether the twentieth
century will not pronounce such scatter
ing entities an amusing curiosity.
Our judicial administration is develop
ing, by rapid strides new phase in jur-
isprudence.
In plain English 1t is entitled judicial
Lynch law"
This permits justice to be administered
by injunction making trial by jury a SUI
perf1uty. AS precedent is everything in
the realm Of judicial action heroic meas
ures have established shining example
to light the pathway to be followed.
Thus under the new order men can be
thrust into prison without either indict-
ment or trial by jury.
judicial lynching is very convenient
process. It does away with much cere-
mony and red tape. 1t facilitates business
-curtails expense Of juries and saves the
court much labor.
The imprisoned victims may not always
appreciate the simplicity of the new de-
parture and insist that trial by jury is
good enough for him but the preference
of those behind prison bars are of slight
consequence.
eskwaydY neutrality-suspicious. shrdlurdl
We might laugh at the justice dealt out
toward the rich and poor alike but for the
crying need of rising against thepurchased
privileges of the one and helplessness of
the other
The emasculation of the Income Tax
law by the United States supreme court in
favor Of the rich and against the taXrid-
den poor affords an excellent opportunity
to judge Of the equal chance for all.
1t is such decision as may be looked
for when private interviews are obtain
able between the judge and the rich before
an opinion is handed down.
There were Judges of the supreme court
who refused to be interviewed however.
Among them we find Justice Harlan,
who according to all accounts branded
Judge Field a purchased tool of corporate
wealth.-and Justice Brown who said
1.-THE decision involves nothing less than
the surrender of the taxing power to the
monied class. l hope it will not prove the
first step toward the submergence of the
liberties of the people in a sordid despot-
ism of wealth.
The assumed power Of the United States
supreme court destroys the safeguard of
10 c 20 70 ovldf Jtcfi INIT do
partment was not to legsate and nullify
the acts of congress. 1t was never designed
to become the despotc arbiter of the fate
OF the nation The theory of our govern
ment is, that the laws are made by the
people and not made nor overturned by
the court.
Judge Harlan in this case said: "Ths
decision may we'll excite the gravest ap-
prehensions. 1t strikes at the very foun-
dalton Of national authority"
Judge Jackson who also dSsented said:
ut is the most disastrous blow ever struck
at the constitutional power of congress.
1t is disaster and must be regarded as
public calamity
The bred Scott decision was in favor
of the master and against the slave but
the slave was provided for by the master.
The Income Tax decision was in favor
of the rich against the oppressed poor and
carried no protection with it other than
''the devil take the hindmost'
Our president and senate rule by power
Of the rich and as our judges of the SUI
preme court are appointed by the presi-
dent and confirmed by the senate who
need wonder at the disposition to rob the
people of the power to rule.
Since the rights of the people have been
transferred into the hands of corporate
greed and federal judges it need not shock
us to read the words Of Judge Shafter at
the opening of the Stanford University as
given by the San Francisco Chronicle in
these words There was one thing also
which he hoped to see taught in this in
stitution.
He was sorry to see embodied in our
national constitution the sophsm that gov
eminent derives it's power from the con-
sent of the governed and hoped that
the error of this assertion would be i'm
pressed upon students
Judges Kicks and Taft of the federal
court at Toledo In their decision of March
engineers and firemen are in full SYM
pathy with Judge Shafter.
An unapproachable jury would give the
wizzened children and beggared wives of
blacklisted laborers some standing in
court, but the rich have made such Jury
almost impossible, although the material
s exists.
Easy access to such a Jury and Judge
would stand between the people of Chica-
20 and the railroad kings, who murder
hundreds every year because of their re-
fusal to erect gates to protect life It is
cheaper to purchase the legislature and
the courts.
In one day seven persons were run over