The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-08-03
POPULISTIC JUDICIARY
IN NEBRASKA COURT HAVE BEEN
DEBAUeHED BY POPULIST IDEAS.
On the Plea of 'sMercy to the Debtor,
ScandaIousIy Unjust Rulings Are
Mnde-Creditors' Right Denied.
maha letter in New York Post.

however much or disgrace partisansnlp
has attached to the legislative branches of
our government, careful observers agree
that the judicial branch has been reason
ably well preserved from it's stain. In spite
of the f~railtiss of human nature our courts
have earned for themselves a name that
! commands the respect of jurists the world
over. and when a new political element
asks the confidence of the Nation thought
full men will scrutinize the record of its
judges more jealously 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 ii is TO weigh,
interpret and impartially administer the
law as they find it 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 its power peculiarly shocking to
those who believe that. at least, American
ideas Of justice 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
judges in Nebraska beyond the degree that
he has given them political aid and coun-
tenance. But this he has done by every
means at his command. Thu 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.
If this language is severe IL is because
the facts are scandalous. What words in
deed shall be termed harsh in speaking of
a political element that exacts from a ju-
dicial candidate a pledge that, II nominat-
ed. he will when elected shield it's mem
bers from the operation of the very laws
which he takes an oath TO faithfully add
this is. that it is so common a practice in
western judicial districts as to excite no
comment from M an vsp0b 1t b Is "g gannIists
are not doing business on a general under
standing. pistrusting the men whom they
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 we'll known that
the rapid settlement of the Western plains
during the past decade was made possible
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 prairies-
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 cmbar-
raised the thriftiest Of the settlers and en-
tire communities have found themselves
insolvent. People who never before de-
faulted on an obligation have been left
helpless financially.
DEMAGOGCES 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 b~lackmailers 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 harpies took care that
none OF the drastic measures against cor
porations promised, to their deluded follow
ers should be enacted. When the demand
for a particular bill was backed by substan-
tial threats Of hanging, the Pcpulis legis-
ldlOIS, III dCludl puH SlCdl telTOf, 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 election brought the
necessity for new excuses TO a1lay 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 ccnse-
quence been enriched by novel presidents
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 the fruits of his toll
from his wary pocket. Moreover, judicial
clemency in actions for debt is approved
by the common consent of mankind and
this reasonable mercy is acceptable to the
creditor class. In the cases under consid7