The Washington herald., 1906-12-05

ess is habitually abused whether in mat
ters affecting labor or IN matters affect
ing corporations. 1t will be well-nigh i'm
possible 10 prevent its abolition.
1t may be the highest duty of judge
at any given moment TO disregard, not
merely the wishes OF individuals Of great
political or financial power, but the over
whelming tide OF public sentiment, and
the judge who does thus disregard public
sentiment when it is wrong, who brush
es aside the plea Of any special interest
when the pleading is not founded on
righteousness, performs the highest serv-
ice to the country. Such a judge is de-
serving of all honor.
The best judges have ever been fore
most 70 disclaim any immunity from crit
iclsm. This had been true since the days
of the great English Lord Chancellor
Parker, who said: Let all people be at
liberty TO know what ! found my judg-
ment upon; that, so when l have given
II In any cause, others may be at liberty
10 judge Of me-" The proprieties of the
case were set forth with singular clear
ness and good temper by Judge w II.
Taft, when a United States Circuit Court
judge, eleven years ago, in 1885:
The opportunity freely and publicly
10 criticise judicial action is of vastly
more importance 10 the body polite than
the immunity Of courts and judges from
unjust asDersions and attack. Nothing
tends more 10 render judges careful in
their decisions and anxiously solicitous
to do exact justice than the conscious
ness that every act OF their is TO be
subjected to the intelligent scrutiny and
candid criticism Of their fellow-men
Such criticism is beneficial in proportion
as ii is fair. dispassionate. discriminat-
ing, and based on a knowledge of sound
legal principles. The comments made
by learned text writers, and by the acute
editors of the various law reviews upon
judicial decisions are therefore highly
useful. Such critics constitute more or
less impartial tribunals Of professional
opinion before which each judgment is
made to stand or fall on its merits. and
thus exert a strong influence to secure
uniformity OF decision But nOn-profes-
siOnal criticism also is by no means with
out its uses. even If accompanied, as it
often is by direct attack upon the ju-
diclal fairness and motives OF the occu-
pants Of the BENCH for II the law is but
the essence OF common sense. the pro-
test of many average men may evidence
a defect in "a judicial conclusion though
based on the incest legal reasoning and
profoundest learning. The two important
elements Of moral character IN a Judge
are an earnest desire 70 reach just con-
clusion and courage 10 enforce Il. In so
far as fear of public comment does not
affect the courage Of a judge. but only
spurs him on 10 search his conscience
and 10 reach the result which approves
itself 10 his inmost heart, such comment
rfcafsr1 sThawa
men, whether they are judges for life or
for a shorter term, who do not prefer
20 earn and hold the respect Of all. and
who cannot be reached and made 20 pause
and deliberate by hostile public criticism
In the case Of judges having q life ten
ure, indeed, their very independence
makes the right freely TO comment on
their decisions Of greater Importance. be
cause Il is the only practical and avail
able instrument IN the hands of a free
people 20 keep such judges alive TO the
reasonable demands OF those they serve
"On the other hand, the danger OF de-
stroying the proper influence Of judicial
decisions by creating unfounded preiu-
dices against the courts iustifes and re-
quires that unjust attacks shall be met
and answered Courts must ultimately
rest their defense upon the inherent
strength Of the opinions they deliver as
the ground for their conclusions and
must trust 10 the calm and deliberate
judgment Of all the people as their best
vindication."
There is one consideration which should
be taken into account by the good people
who carry "A sound proposition 70 an ex-
cess IN ObjeCting 10 any criticism OF
judges decision. The instinct Of the
American people as a whole is sound in
this matter. They will not subscribe 10
the doctrine that any public servant is
10 be above all criticism.