Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1897-08-27

to be used for the oppression of the many.
While the possession of wealth commands
the service of the courts there can be no
such thing as an equitable dispensation
of justice. no such thing as good govern
ment. and without good government
there cannot be peaceful enforcement
of the law. save where injustice has been
handed down from generation to gener-
alton, and there will ever be anarchy.
1t must be remembered that our courts
occupy, or should occupy sphere of
their own. That sphere is the lnterpre-
tation of disputed points of law, the set
tlement of disputes between individuals
IN accordance with the rules OF statute
law and the dictates of equity and the
conduct of the trials of those accused
with infringing on the rights Of others so
as to secure justice and punishment
where punishment is due. To secure the
conduct of such trials and the settlement
of disputes in an impartial manner, free
from prejudice, the judges of our courts
have been given long tenure of office
calculated to free them from the tempta-
ton to Judge not after the rules Of equity
and so as to secure justice. but in accord
with popular prejudice, and so as to Sc
cure popular approval. For these rea-
sons the judiciary has, in the theory of
our government, been removed by method
of selection and tenure of office from close
accountability to the people and IN
measure made independent of and super
or TO the wishes of the people. For the
same reasons the legislative and executive
branches of the government, the one en-
trusted to record and the other to execute
the will of the people, have been made
directly responsible to the people, and
the tenure of office made short so as to
oblige them to render constant account
of their doings 10 those who entrusted
them with power, so that they may be
made to feel their dependence on the
people, and so that the people may have
the power to exert direct and constant
influence over the men they choose to
carry out their will. The courts have in
a measure been made independent Of the
people in the belief a power could be so
created that would constrain the carry
ing out of the will of the people in an
equitable manner.
Thus the legislative branch OF the
government was entrusted to record and
the executive to execute the will or the
people. while the judiciary was entrusted
to see that that will was executed so as to
preserve the equities. Thus were the
spheres of the branches of our govern
ment delineated, thus were they entrust-
ed with particular functions, thus were
legislative and executive branches held
to strict accountability to the will of the
people, the judiciary made in measure
OF that will. Thus have the
places of Legislators and executive officers
been made elective and for short terms of
office, while judgeships, though as aften
made elective as appo,ntive offices have
been invariably made with view of Sc
curing long tenure of Office.
1t must be admitted that this freeing
of the judiciary from direct dependence
and submission to the will Of the people
has not worked as we'll as expected. In
place OF putting the judiciary on high
plane where the judges would be free
from temptation aud secure dispensa-
ton of justice without prejudice or pref
erence, it has given us judiciary lnde-
pendent of the people, but submissive TO
those with wealth. Removed from the
necessity Of rendering account to the
people, fearing nothing from going coun-
ter to their judgement and wishes, our
judges have grown more and more inde-
pendent Of the influence of the masses Of
our people and fallen more and more
under the sway of those who command
capital and use it for the op-
preston of the many and the further
ACKNOWLEDGMENT Of wealth.
Men move naturally in the line of least
and it is no reproach on the
honor of our judges to say that they are
by their surroundings, that
they see through the glasses worn by the
circle in which they move, and that those
glasses are cOlored so as to make black
ool white, wrong right, and blind men
to the injustice lerpetrated on the many
N the interest of those with centralized
capital. Thus it is made to appear that
lggressions made by centralized capital
IRE not aggressions, and that all resist
ance to such aggressions, on the part of
abor, are attacks on capital and the
lights of propety and must be resisted
IS such.
So it is we have our judges removed
rom dependence on the masses of our
people, having no need to feel their pulse.
,ut finding it more congenial to associate
With those who have accumulated wealth,
perhaps by robbing the many of the
ruits of their toll. Naturally, we find
he views of such judges influenced by
he views OF those interested men who |