Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-27
JUDICIAL PRINCIPLES.

When the Anaconda Stanudiu
judicial functions. and passes upon
the guilt or innocence OF indivld-
nails charged with offenses against
the law, and demands that every
man in Montana do likewise II
ought to have the decency to conform 70
judicial methods. Ambitious to be re-
rarded as the highest court in the land,
by reason Of its u~ndoubted ability 70
reach a verdict and impose a sentence
before any Of the ordinary courts could
~subpoena it's witnesses, the
ought to set an example Of proprlety pe-
fore the cheaper judicial concerns OF the
country. A lwa of liberty is the legal
custom of hearing both sides of a case
before a verdict il rendered and most
persons are willing to conform to this
custom. ever when a democrat is on trial.
While it is true, associations of individ-
uals in the form of political parties, or
other bodies. may be collectively guilty Of
self-evident wrongs against the public,
and as organized bodies be charged with
offenses against the laws of the land,
they are not as amenable to the direct ac-
ton of the law as is the individual when
accused Of a specific crime. Therefore,,
public sentiment is relied upon to right
the wrongs inflicted upon the people BY
such organized bodies: while the courts
are fully competent to adjust the griev-
ances against an individual violater Of
the law. In national, state and local af-
fairs steps have been taken by organized
political parties, when clothed with tenn
porary power, which We're sufficiently out
of plumb with the recognized course of
the law to constitute a punishable Of
Tense could they nave been properly in
dividualized. Experience has shown that
such digressions must depend Upon a
healthy public sentiment for correction.
Hence, the propriety of laying before the
public the delinquencies of which a poll
teal party may be guilty, to the end that
justice may be finally secured through it's
only available medium-an untrammelled
ballot-boX.
But the prosecution of an individual for
an offense against the law is quite
another thing. Amenable for any wrong
act with which he may be charged, the
action assumes a strictly personal type,
whatever may be the consequences upon
his friends or his enemies, or, for that
matter, upon a political party to which
he may belong. The NATURALIZATION OF
the action ~esuppos a suspension Cd
public judgment until the opportunities
of the court have been fully exercised,
and the facts bearing on beth sides OF
the case fully exploited. Whatever may
be the opinion of any person relative tc
the guilt or innocence of a man on tria,
with decency and self-respect set him.
self up as a court Inc render a verdict in
advance of the evidence. To do so is tc
assume the inability Of the court to dc
justice in the case. and to advocate the
propriety Of mob law-predicating thu
execution Of the criminal on the preju,
dices of his personal enemies.
Yet this is precisely the attitude take,
by the Anaconda Standard in the Clarl
case. 1t gave him a trial in it's column
and found him guilty, not only before tn
evidence was submitted actually be
fore the alleged crimes were committed
1t 'got in on the ground floor" so t
speak. and accused Mr.. Clark of buyinj
votes. Notwithstanding to its subsequen
statements-were not bargained for unit
a much later date. In his respect, a
we'll as in many others. it has set a pac
in criminal Jurisprudence which it is I
be hoped may never be adopted by tn
duly constituted judicial tribunals Of tn
country. History tells US that inquis
lions Of this type ave had their place
the political economy Of days gone by
but it is not at all likely that the inf,
ence of the Standard will revive the al
Gent process of Furnishing a man for Il