The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-08-03
POPULISTIC JUDICIARY
IN NEBRASKA COURTS HAVE BEEN
DEBAUCHED BY POPULIsT ideas.
On the Plea of "Mercy to the Debtor"
ScandaIousIy Unjust Rulings Are
Made-Credftors' Right Denied.


OmdDd Letter IN new 1Ofk fOSt.
However much of disgrace craftsmanship
has attached to the legislative branches of
our government. careful observers agree
that the judicial branch has been reason
ably we'll preserved from its stain. In spite
of the f~railties of human nature our courts
have earned for themselves a name that
commands the respect of iurists the world
over. and when Il new political element
| asks the confidence of the Nation thought
full men will scrutinize the record of its
judges more jealousy than the enactments
of its legislators. They will make liberal
allowance for the crude efforts and reck-
less haste of overzealous statesmen, while
reviewing coldly and critically the acts of
those whose sole province it is TO weigh.
interpret and impartially administer the
law as they find il on the statute books.
The solemn responsibility attaching to the
judicial office in every age and among
every people, irrespective to a degree Of
religion and -civilization, makes every per-
version of itff power peculiarly shocking to
those who believe that. at least. American
ideas OF jushee"are too firmly established
TO be undermined.
Mr.. Bryan, the presidential nominee of
the Populist-Democracy, is not personally
responsible for the record of Populist
Jud6CS III tyOIu III uCSiCt mat
he has given them political aid and coun-
tenance. But this he has done by every
means at his command. The strongest ar
gument for his availability at Chicago was
that he was the candidate most acceptable
to Populists. Mr. Bryan is too closely
identified in every way with Populism to
escape consideration in the interest excited
by the extraordinary judicial methods of
his political cronies who, within five years,
have dcbased the courts of his State. and
attempted to impair the honesty of its
people.
II this language is severe it is because
the facts are scandalous. What words in
deed shall be termed harsh in speaking OF
a political element that exacts from a jul
dicial candidate a pledge that. II nomlnat-
ed, he will when elected shield its mem
bers from the operation of the very laws
which he takes an oath to faithfully adj
minister? The really startling feature of
this is. that IL is so common a practice in
western judicial districts as to excite no
comment from anybody. 1t is generally
understood" by everybody; but Populists
are not doing business on a general under
standing. Distrusting the men whom they
ask to perjure themselves, they require a
pledge absolutely definite; and healthy in
timations of personal violence impress it's
sacredness on the candidate.
Litigation before Populist-Democratic
courts in the West is made up principally
of actions for debt. 1t is well known that
the rapid settlement of the Western plains
| OuIllB the past utCdut was AiidQc BOcSibit
only by the aid of outside capital. Savings
advanced by the thrifty mechanic and the
retired farmer of the East gave the West
ern hOmeSteader his start on the pralrleS.
Real farmers were in the minority among
these pioneers, SO that many came to GRIEF
very soon through lack of experience or
improvidence. But within the past few
years "a succession of droughts has embar-
raised the thriftiest of the settlers and en-
II renf Peoole Who never before de,
faulted on an obligation have been left
helpless financially.
DEMAGOGUES IN FORCE.
The most serious result Of this widespread
distress has been to raise into political
prominence a class of desperate politicians
who saw in this calamity the opportunity
of the demagogue. Men so easy in princi-
pie, so cheap in conviction. that their in
fuence had long ceased TO be marketable
now appeared like carrion birds to fatten
on the misfortunes of entire States. Pos
sessing themselves of office after a hungry
interval. these men became once more the
persistent blackmailers OF every interest
whose property they could assail by legis-
lation. Like crafty women who never play
their victims beyond the limit of human
endurance. these harpie took care that
none of the drastic measures against cor
porations promised to their deiuded follow
ers should be enacted. When the demand
for a particular bill was backed by substan-
tial threats of hanging. the Populist legis-
lators. in actual physical terror. passed the
measure indeed, but in "A form so mis-
shapen by attorneys for the interests at
tackled that no decent court could uphold il.
Naturally the next eiectlon brought the
wrath aroused by this juggling. Then it
was that these ingenious reformers pointed
to the necessity OF obtaining control of the
courts. urging that while Republicans and
old-line Democrats occupied the benches
their efforts to relieve their constituents
would be throttled by hostile judges. The
artful suggestion was at once acted upon
and American jurisprudence has in conse-
quence been enriched by novel precedents.
In the Western States laws relating to
the collection of debt are lenient towards
the debtor, having been framed by the
debtor class. Obviously. though. provision
for the rights of the creditor was neceS-
sary in order TO tempt she fruits of his toll
from his wary pocket. Moreover. judicial
ciemency in actions for debt IS approved
by the common consent of mankind and
this reasonable mercy is acceptable 10 the
creditor class. In the cases under consid-
GRAFTON the creditors will not foreclose a
mortgage as long as the slightest effort is
apparent on the part of the debtor to do
what he can towards, taking care of it's
provisions. The very last thing the cred
itor wants is the quarter section of land
called by courtesy a faI m-that secures his
loan. While a feeble hope remains of get
ting interest or taxes paid. he will not
foreclose; but when his patience is OK
hausted he gives the papers to an attorney.
When the case IL at last in court-for il
is as hard to get into a PoDuliSt court as
il is hard 10 keep out of other courts-the
law provides various reliefs for the debtor
in the form of StayS-so that II ordinary
diligence is exercised by the attorneys. the
court, and its various officers, at least two
years will elaDse before the creditor OBJ
tains a deed to his land.
CREDITORS BARRED.
The Populist judge uses these shields. in
tended TO be a mercy TO the debtor. as an
absolute bar TO the tights of the creditor.
A favorite method by which he deprives
the plaintiffs in his district of their legal
rights is by refusing to hold court for
years together. At the beginning of the
year the Judge sets the terms for the va
rious counties of his district. but shortly
before the date fixed cancels them without
deigning to give a reason. BY this artihce
business can be delayed with less embar-
rassment than by any other. In one judi
cial district in Nebraska. comprising eight
counties. court was in session less than
thirty days during 1895. and this time was
devoted almost exclusively to the criminal
docket. Here is the record for six coun-
ties:
Total No.
No court was held days court
County. between these dates. dur'g '95.
Red Willow. Jan. *. % to Dec. %. % 49,. 5
Frontier. go. Mich. ). "a 10 Nov.11. '95 -. 3
Hayes.......Apr 80. "a to June 4. '95 -. 2
Gasper.......Apr "a. "a to Oct. il, % -. /
Chase........Sep ). '95 to Mich. >. 90 None
Dundy.......Nov.27 "a to Mich Il. &c None