The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-16
THE JUDGES AND THE LAW.

One Of the leading dailies Of Cincinnati.
commenting on the lynching at Urbana.
takes the opportunity to condemn the
system of electing judges. and condemns
the judges for not administering SUBJ
stantiai justice. There Is much more rea-
son in the latter complaint than in the
former.
Some lawyers who succeed to the bench
are naturally disposed to be technical and
arbitrary. They conceive 1t TO be their
duty to place just that construction on .
statute which the literal language re-
ouires, without caring for the purpose OF
the legislature. 1t would be far more dan
corrupt judge should take the other view
of his prerogative and give such a liberal
construction Of the law as will enable
him to rule according to his own wishes.
The best judge Is one who keeps close to
the letter Of the law without violating the
local meaning OF words and phrases and
even interpret a Law in the light Of Gus
tom; II would scarcely be going too far
TO learn by common report what the in
tention Of legislature was In passing a
law which. owing to the inexperience OF
the draughtsman. had been too crudely
formulated. Laws are often amended
while on passage by provisions which are,
through oversight, inconsistent with pro-
visions OF the act separated from the Sec
ton In which the amendment occurs
Provisos are frequently Aterpolated at
the last moment with very little considcra-
ton for the ultimate effect. so long as the
immediate purpose OF the amendment Is
secured In such cases 1t is public bene-
1T to have courts put life aud purpose into
the ect as II was intended. and not twist
and strain the whole statute in order 10
unintended purpose.
Our constitution. which appeals to the
judiciary. more than to any other branch
of the government. to recur frequently to
fundamental principles. opens the way
for substantial justice. II courts would
take the stand that no law is framed to
promote wrong or defeat right and
that all accidental or intentional legisla-
ton which directly or indirectly violates
that primary truth, is unconstitutional.
there would be- less heart burning and
fewer rebellions of anger against the
majesty OF the law. There are judges
VINO viii aid the ingenuity OF sharp-witted
counsel by declaring that IL Is no concern
Of the bench what the purpose OF an act is.
and that if It's language Is unfortunate
that is the concern Of the legislature.
II is such judges who provoke criticism
which Cincinnati newspapers have passed.
The judiciary and the legislature are CO.
ordinate branches of the government
whose chief reason for existence is the de-
sire OF society that justice shall be done
The bench Is not tribunal determining
causes In which the people are on one
side and the legislature on the other. II
Is the duty OF the judiciary to assume that
the object OF any law. and the motive OF
any legislature. is that substantial justice
shall be done the people In whose name
they speak and act.
When courts concern themselves FIRST
with the question how substantial Justice
shall be done, and secondly. how the laws
are TO be applied 10 that end. there will be
less private Indignation and fewer public
lynchings.