The herald., 1898-09-01
"HATRED OF LAW"

These words constitute the heading OF
one of the planks of the Republican
platform adopted at Sacramento the
other day. The plank is pregnant with
mendacity in statement and with vicious
differences which the trainers intended
should be drawn from it. The language,
in part. is:
We deprecate the attempt of the DEM
neutrality-suspicious. party to stir up
| hatred of judiciary and contempt OF law
as calculated. If not designed. TO sap the
| foundations Of our republic ana bring
anarchy upon our country.
| And again:
There is no document so wicked as
that which seeks to override the courts.
the cause Of fancied errors and no man
so criminal as he who enunciates such
doctrines.
| Not in the Democratic, Populist and
Silver Republican platforms is there
word which can be distorted into hatred
of the Judiciary or contempt Of law. No
suggestion can anywhere be found OF a
disposition to override the courts be-
cause Of fancied errors; no wicked
document has been formulated by any
of the parties opposed to the so-called
Republican party; no resolution passed
by any Of the parties has advocated OF
suggested anarchy or violence.
The courts are to be respected, but not
to the extent that there shall be no dis
cussion of change in the laws which
govern practice in the courts The last
national Democratic convention con-
demned certain judicial proceedings,
and it expressed approval of a bill then
pending in the United States house OF
representatives, which had passed the
senate, relating to contempts In Fed
eral courts, and providing for trials by
Jury in certain cases Of contempt. Was
the action Of the senate in passing that
bill. and its consideration in the house
of representatives. stirring up hatred OF
the judiciary and breeding contempt of
law? 1t has been supposed to be the
right of the American people to discuss
the conduct Of officials in every branch
of the government. Judges are not in
fallible. 1t is no disrespect to court
for an attorney to question decisions and
ask for a new trial. Nor is 1t disrespect
to propose new legislation, changing
methods Of judicial proceedings. The
Democratic convention proposed no re-
sistance to the judgments Of courts,
though it did las it had a right toy
question the propriety of certain pro-
ceedings regarded as evil, and propose
a change through the peaceful process
Of legislation.
expressed in this country as by the Re-
publican party on account of the decis-
ion of the supreme court in the bred
Scott case. 1t fell little short Of threats
to resist by force Of arms the principle
announced.
It is a fact that should be borne in
mind that, in 1866. the Republicans in
congress gravely considered whether
they would not abolish the supreme
court, and create another tribunal under
some other name. 1t Is we'll known that
the supreme court was constituted by
appointment of new members by Re
publican president so as to insure de-
cision sustaining the constitutionality
of the greenback law.
Violence is not to be tolerated so long
as the ballot Is free, but there must be
perfect liberty Of discussion, to question
the wisdom of laws, and the correctness
of judicial action. The judgments of
courts are to be obeyed, SO long as they
remain unreversed. There can be no
danger from discussion or differences of
opinion. Mr.. Jefferson said: Error of
opinion can be safely tolerated 30 long
as reason is left free to combat it."