Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1906-12-04

such power shall neither be ,exprest
nor led.
The best judges have ever been
/ foremost to discaim any immunity
! from criticism. This has been true
since the days of the great English
Lord Chancellor Parker. who said:
| Let all people be at liberty to know
what l found my judgment upon; that,
| so when l have given it in any cause.
others may be at liberty to judge of
me-" The proprieties of the case We're
set forth with singular clearness and
| good temper by Judge w. H. Taft,
| when United States circuit judge,
eleven years ago, in 1895:
THE opportunity freely and public
| ly to criticize judicial action is of
vastly more Importance to the body
polite than the immunity of courts
and judges from unjust aspersions and
attack. Nothing tends more to rem
der judges careful in their decisions
and anxiously solicitous to do exact
justice than the consciousness that
every act of theirs is to be subjected
to the Intelligent scrutiny and candid
criticism Of their fellow men. Such
criticism is beneficial in proportion as
it is fair, dispassionate, discrimin-
ating. and based on a knowledge of
sound legal principles. The comments
the acute editors of the various law
| reviews upon judicial decisions are
therefore highly usefuE Such critics
constitute more or less impartial trib-
unals 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 professional
criticism also is by no means without
! it's uses, even if accompanied, as it
often u.s. by a direct attack upon the
judicial fairness and motives of the
| occupants of the bench; for II the law
| Is but the essence of common sense,
| the protest of many average men may
evidence a defect in judicial conclu-
sion, tho based on the incest legal
| reasoning and profoundest learning.
The two important elements of moral
! character in a judge are an earnest
desire to reach a lust conclusion and
courage to enforce it. In SO far as
fear of public comment does not af-
feet the courage of a Judge, but only
spurs him on to search his conscience
and to reach the result which approves
| itself to his Utmost heart, such COM
ment serves a useful purpose There
are few men, whether they are judges
for life or for a shorter term, who do
not perfer to earn and hold the respect
OF all. and who can not be reached and
made to pause and deliberate by hos
tile public criticism. In the case OF
/ Judges having a life tenure, indeed,
their very independence makes sthe
right freely to comment on their de-
4 cisions Of greater Importance, because
1t Is the only practical and available
instrument In the hands of free peo-.
pie to keep such judges alive to the
reasonable demands OF those they
serve. -
/ ION the other hand, the danger Of
destroying the proper influence Of
4 judicial decisions by creating inbound
ed prejudices against the courts justi-
fies and requires 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 to
the calm and deliberate Judgment Of
all the people as their best vindica-
J tion''
There Is one consideration which
should be taken into account by the
n good people who carry q sound propo-
sition to an excess IN objecting to any
criticism of judges decision. The
instinct OF the American people as q
whole IL sound In this matter They
win not subscribe to the doctrine that
any public servant Is to be above all
criticism. II the best citizens. those
! most competent to express their judg.
ment In such matters, and above al
those belonging to the great and hon.
orable profession of the bar, so pro-
foundry influential in American life
! take the position that there shall b.
: noscriticism Of a judge under any cir.
Z cumstances. their view will not be ac-
? cepted by the American people as
whole. In such event the people vii
! turn to. and tend to accept as justin
able, the Incorporate and imprope
criticism uttered by unworthy agita
:. tors Surely 1t Is misfortune Il
: leave to such critics a function, RICH
n in itself. which they are certain t
: abuse. Just and temperate criticism
: when necessary. is safeguard agains
= the acceptance by the peopl
! as a whole Of that incorporate an
! tagonism towards the judiciary whic
J, . must be combated by every right
= thinking man, and which, II 1t becam
l. widespread among the people at larg.
!, would constitute a dire menace to tn
y republic.