The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1897-10-08
A JUDGES CRITICISM OF JUDGES.


country today is the usurpation and
tyranny of judges. Holding Office by
they feel that they are
not "the servants Of the people, nor
answerable to them for their acts
Before becoming judges they were
lawyers, generally paid attorneys of
is not strange that, upon occupying
warm and comfortable place on the
bench for life, or long term of years,
their sympathies and trend of thought
should run in parallel lines with these
great concerns. This being the case,
capital owning and controlling the
head and heart of the court, it is not
surprising that labor should more and
more he driven to the wall and the
rights of the citizen be constantly torn
from him. See on what tlimsy pre-
texts Debbs was imprisoned and Pull
man set flee. See Judge Johns0n's
orcer setting aside the constitutional
right OF free assemblage!.
What do these things portend?
Who is il that has reached the merid-
ian of life that has not witnessed acts
of petty tyranny from the bench? The
writer, in his day, has seen the mu-
nicipal authorities ignored and the ar
rest Of party ordered for firing gun
within hearing of the court, and an
extraordinary fine imposed. He has
seen workmen stopped in their en-
ployment because the noise Of the
tools disturbed the court lie has
seen a citizen-Once regarded as SOW
ereign-committed to Jail for making
q passing allusion to the judges -. ...e
and this, too, when the court was not
In session.
The imaginary dignity OF these
judges is something extraordinary.
They are beginning to wear entirely
too much of this article for plain,
every day democracy.
The worst form of tyranny is that
of government by injunction"
which is rapidly advancing to the
front-so much so that it is becoming
alarming and the press cannot longer
stifie or ignore 1t.
In this cnnection the Times-Herald,
of Chicago, has selected one justice in
the highest court in each state and adj
dressed him letter, inquiring as to
the legality of injlnctions in labor
disputes, against labOrers quitting
work or moving about the country
and the best remedy If such injunc-
tons are illegal.
We take pleasure in appending he
low tile reply of Justice Walter Clark,
of North Carolina. He is one of the
few judges who upholds the freedom, of
the citizen. The following is his re-
ply:
Editor Tmes-Herald, Chicago, III.
SIR:-In response to your inquiry,
the new practice of issuing injunc-
tons in labor disputes, in its scope, is
without warrant in reason or pece-
dent. It is a bold usurpation by
judges who have been appointed to
life positions by the influence of great
corporations and who are under no
responsibility for their conduct. 1t is
a denial to the citizen of the right OF
trial by jury by judges VIII enact the
law by their own DEGREES and then ex-
eeute it by the penalty for contempt.
The remedy is by a constitutional
amendment which shall make the
United States judges elective by the
people in their respective districts and
circuits for a term of years. That
public sentiment endorses this cOrree-
tive power OF placing the judiciary
under the supervision of public opin-
ion is shown by the fact that in everJ
state except three, the judges now
hold for fixed term and in those
three they are removable 10y vote of
a bare majority of the legislature. As
to the United States judges, they are
selected without the public having
any voice in their selection aud ordi-
narily by influences that are hostile to
popular rights, they are subject to no
restraint, as impeachment is imprac-
ticable, and they assume to set aside
the acts of congress and to stay the ac-
ton of the executive-at their will.
That possessed of this arbitrary and
supreme power (which should be en-
trusted to no set of men and by rea-
son of their life tenure (which is I'M
republican, subject to no supervision,
there are Notwithstanding many
worthy men still among the Federal
judges is tribute to the spirit and
training of our institutions. The his
tory of the last few years demonstrates
that we can trust no longer to this.
Arbitrary and supreme power will de-
bauch its possessors. 1t has always
done so. Judges are no exception to
this principle of human nature.
WALTER CLARK,