The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1903-03-21

On January % f. W. Henshaw, q
Judge on the Supreme Bench of Cal
~ifornia. was divorced from his wife in
Judge Melvin's court at Oakland. Cali
fornis. and no record Of the proceed
ings was entered for six weeks later.
Mrs. Henshaw brought suit for d.
vorce on the ground Of desertion. The
Judge Immediately after the complaint
was fled answered in his own hand
writing, acting as his own attorney.
The COMPLAINT was not entered on the
judgmer book, but called by the clerk.
Mrs. Henshaw and her sister testified to
the desc lion, the Judge made no de-
'ense. ard the decree was granted in
sss than an hour from the filing of the
omplains. Immediately after the de-
zee had been granted and signed by
udge Melvin the papers were taken to
the Office of the County Clerk and put
in q private safe. They remained there
until six weeks later. when a reporter
Of the Oakland Enquirer demanded to
see the decree which had not been en-
tered on the judgment book.
The matter had been kept secret at
the request of Judge Henshaw, who
had squared" the Court, the news
papers, and the Clerk of the Court. The
number 10, 589H was placed on the
legal papers, so that they could be filed
later without attracting the attention of
the public.
This is an illustration of the boosted
equality of all men before the law in
this land of liberty and republican sim
plicity. A poor man or woman applies
for q divorce, no matter for what cause.
The trial is public. reporters are pres
ent. and the disgusting details of in
fidelity. cruelty. drunkenness and dis
sipation on the part of husband or
wife as the case may be, are published
to the world, scattered broadcast to the
everlasting disgrace of the family. and
innocent children suffer from the shame
and infamy of their parents.
But let some State official, some pol
itical Judge, some gutterssnipe whom
the people have taken from the social
sewers and boosted into political power,
or placed in positions of trust and
responsibility, violate his married vows.
aDase his wife, starve his children and
outrage pnblic decency until forbear-
ance OF he part of his l~ong-suffering
wife ceases to be a virtue and she is
forced to seek legal separation from q
brutal husband; and the case is heard
behind closed doors, outside Of court
hours, reporters and the public are ex-
cluded, no record of the proceeding en-
tered on the books, and the whole
machinery of the Court is used to
screen the scoundrel from the infamy
of his acts and the social ostracism to
which his conduct SO justly entities
him.
This is equality before the law with
a vengeance. an equality which is ex-
emplifed every day in our alleged
courts of justice. Some unfortunate to
allay the pangs of hunger, steals a loaf
of bread or a dime to purchase it with,
and he is arrested, tried, convicted. and
in a single day sentenced to imprison-
ment.
Let q bank clerk steal SIC. 900 or 800
900, or a bank president steal 5000, 900,
wreck a bank and bring ruin to
hundreds Of depositors, and his trial is
delayed for years. and if convicted at
all his sentence is light, n or two
years imprisonment, and before he has
served half of his term he is pardoned
by q Governor, anxious to win votes
and secure a reelection.
These are fair samples of American
justice and American equality before
the law, in the great American Repub-
lie supposed to be founded upon lib
erty. equality and justice.
Is it any wonder that thoughtful men
begin to doubt the wisdom of having
judges elected by popular vote. OF
making their tenure of Office depend,
not upon fitness and integrity, but
upon the good will of political bosses
who control the votes of the great I'M
washed, and who are utterly unscrupu'
lous as to the means employed to So
cure their ends? 1t is hard for y judge
to be fair and impartial under such
conditions.
For the use of the Philippines 75,-