The Hawaiian gazette., 1903-08-11
FIAT JUSTlTlA.

wise learned and incorruptioIe
judiciary and an instructed and falth-
full bar are an impenetrable defence 10
personal liberty and to social order. III
il the distinct perception of this truth
that has induced the American people
to submit to constitutional and statu-
tory limitations upon their sovereignty.
All men fit for citizenship realize that
Justice Is the cohesive element IN CIVIL
ization. Therefore they submit cheer
fully to the usual pressure of the law
upon which they also rely for their
own protection.
Theory and practice, however, are
often widely dissimilar. In our own
country trained, balanced and lnde-
pendent judicial minds, steered by edu-
Gated consciences, are frequent, but not
common. 1t is hard to define what
perfect judge Is. In both parts OF the
Bible, there are no denunciauons SO
bitter as those against unjust and dls-
honest judges. In our own days, III
various forms, it has been frequently
said by great thinkers that, II the ad-
ministration of the law is equal ana
pure, rottenness in other branches or
the government can almost be tolerat-
ed. What is meant Is that the courts
have the power to eXtirpate political
rascality.
The ideals and standards of the
American judiciary in the public mind'
though unexpressed in mere trapp'Lgs
and ceremony, are probably the highest
in the world. Reverence for the law
has survived much treachery to rs
mandates Examples of subserviency
to selfish or demoralizing influences
have been regarded as exceptions to
a general rule. Confidence in the courts
it is the struggle of thousands to main
tain, even in the face of occasional sin
lister appearances.
Human nature is variable and prone
to elasticity, and judges do not cease
to be men. Nevertheless they must
submit to more searching criticism
than those whose responsibilities are
lower There are very few judicial Of
ficers who will accept brides. This Is
a coarse and unfrequent mark OF cor
ruption, which is so clear that 1t IS
usually discerned. But there are IN
Vulnerable ways, in which Judicial ~
dependence and probity may be stain
ed, many of which, though they can
be conjectured, are beyond actual de-
lection Inordinate affection for par
ticular attorneys is one mode of divert
ing business that is most dangerous.
Still more subtle, and even more IN
furious, is the secret determination of
judge to promote special interest or
a particular faction. Without word.
without even look, that could be used
as impeaching evidence, it is possible,
though very unusual for judicial Of
ficer TO be unjust to the core. BY the
L. IL, ,hn f.Fyi In a
Jury or in addressing counsel, he may
affect a decision.
A judge should be above all suspicion
of wavering from the law and from the
case before him. The best guarantee
is character. There have been ana
there are men on the bench, whom the
vilest partisan or pettifogger never
doubted. Hale, Mansfield, Eldon, Mar
shall, Kent are illustrations of world
wide fame. In California, decision
by Judge Norton or Judge Temple was
instantly accepted, and, while Judge
Beatty was paying no attention to any
thing except working on records, all
the underground partisans in the
State could not deprive him of a nom
ination or an election. There are near
err examples, to which it might be in
delicate to refer.
A sound bench requires the support
of a sound bar. An honest lawyer will
not accept an invitation to wreck an
estate and divide the plumber. He will
not manufacture testimony in his own
Office or anywhere else. He will treat
witnesses with respect and, even
though INDUCED, will not desecrate
courts of justice with foul language. A
good lawyer must necessarily be gen.
tleman, under all conditions. He will
honor the courts by honoring himself
and his profession. He may be, and he |
ought to be, vigorous, strong deter
mined, as well as studious and, as the
Vermonters say "judgmatcal" But
his demeanor, his manner, his Ian
guage his character, will all comport
with n clean heart and a cultivated
mind. He will never lower his own dig
nifty or degrade himself and his pro-
fession by coarse personalities or by
tricky methods. He will be truthful,
manly, broad, an elevating influence in
the community.
Such a bench and bar as have
been thus sketched are an inspiration
to civilization itself. In this Territory,
there is much to commend, but there
may be also much to deprecate. The
result of pending investigations is
awaited with hope and confidence that
our local standards will correspond
with American ideals.
A vigorous mosquito campaign can
not be started too soon Few men