Evening journal., 1903-06-29
THE couRT,s STATUS.

There is general disposition TO re-
gard the horror Of last week as closed
incident. and we are glad to see our peo-
pie return to orderly couluct approach
ing the normal. but there is a futa'e
through which we must live and in
which we must be governed. Our courts
remain with all Of their machinery. our
statute books are uncha lsai: the lcYt
OF our constitution has not been mO6i-
fled. But precedent has becn es;ah-
lished and it is for the courts and the
people to say how far 1t shall control In
the future. 1t is idle to say that this
was an extraordinary case. and that rs
horrors can never be repeated. Its real
essentials are outrage ond mUiIcr nna,
unfortunately, either or both OF these
features may characterize some future
crime.
How shall the courts and the officers
of the law act in future should an
another monster be=accused OF a deed OF
similar character? They have a right
to know. Are they 10 understand that
any attempt to deal with such ,sse IN
accordance with the statutes and the
orderly legal processes win be resented
AS an unwarrfnted interference With the
higher law" which can be Administered
only. BY the people?
This resort to violence by the self
constituted judge jury and executionerS
the mob. is defended even by officers
Of the court, for we know that there are
members OF our bar who have had
only words Of commentator for that
violence which has nouted the court,
4. ana made the whim of crowd OF
lynohers the supreme law. II we admit
that the mob was right, or is ever right
in taking the law into its own hands,
then the court is shorn Of certain of its
powers. There are classes of cases that
il may not handle. It strikes us as ica~
sonable under these circumstances That
the mob should explain to the court to
what extent its powers have beer. liz,
ited. This is serious too, not ironicai.
The people seem to say that when out
rage and murder are combined the
court is incompetent but what Is its
status when these crimes are commit
ted singly? We repeat, the court has a
right 10 know
1t is but justice to those who ADMIN
lister the law that they snoula be in-
formed to what extent tfer powers
have been limited. For their powers
have been decreased. Otherwise. the
resort TO violence would have been pun
lished There is an understanding that
II shall not be punished. whether that
is the natural inclination OF the officers
Of the law or whether they have been
coerced by the opinion OF the MACS
Under these circumstances 4 may
happen any day that there may Re an
other clash Of authority that may come
in deciding IN whose jurisdiction a GER
tain case may be. A suspect may b,
locked uD under the law. but "the
higher law may demand breaking into
the workhouse to secure his release. or
the officers Of the law may have a chain
OF evidence that win lead to his punish
mont but the people may resent this
and assert their inalienable right. O
roasting the wretch and OF making 4
hideous night Of it,
Now those who act as the divinol.
constituted agents Of this higher law.
including certain members of the bar
should say when the officers Of the la,
should arrest a man, when they shal
open the doors Of the workhouse. an
when they regard the courts as compe
tent to try a case. Without this un
derstanding there win be bloodshe
some day, and some good citizen in at
tempting TO enforce the higher la'
will have to defend himself against
charge Of murder.