Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1906-12-06

assume matter-of- fact course granting
Of a preliminary Injunction to be the
ordinary and proper judicial disposition
OF such cases and there have undoubt-
eddy. been fragrant wrongs committed
by judges in connection with labor dis
putes even within the last few years,
altho | think much less often than in
former years. Such Judges by their un-
wise action immensely strengthen the
hands OF those who are striving entirely
TO do away with the power of injunction;
and therefore such careless use of the
tnJunctive process tends to threaten its
very existence, for II the American peo-
process is habitually abused. whether In
matters affecting labor or In matters af-
fecting corporations, II will be well-nigh
impossible to prevent its abolition.
Criticism OF the Judiciary.
II may be the highest duty of a Judge
AT any given moment to disregard not
merely me wishes OF individuals Of
the overwhelming tide Of public senti-
ment. and the judge who does thus dis
regard public sentiment when II is wrong,
VINO brushes aside the plea of any spe-
clal interest when the pleading Is not
founded on righteousness, performs the
hlghest service to the country. Such a
Judge Is deserving of all honor: and all
fearless judge II we permit the grow In
OF an ABSURD convention which would
FORBID any criticism OF the judge of an
other type. who shows himself timid in
the presence of arrogant disorder, or
VINO on insufficient grounds grants an in
junction that does grave Injustice, or
VINO IN ms capacity as a Construer, and
therefore in part maker OF the law,
IN Migrant fashion thwarts the cause Of
decent government. The Judge has a
power over which no review can be exer-
clscui ne hlmself sits In review upon the
acts or both the executive and legisla-
1--WE branches of the government: save
IN the most extraordinary cases he is
amenable only at the bar of public opin-
ion; and it is unwise to maintain that
public opinion in reference to a man
with such power shall neither be exprest
The best judges have ever been fore
most to disclaim any immunity from
criticism. This has been true since the
days of the great English Lord Chancel-
be at liberty to know what I found my
judgment upon. that. so when | have
E it II IN any cause. others may be at
of ,PG Try 20 Judge OF e The PronretIes
G6iearness and good temper by Judge w.
n. tart, when United States circuit
judge, II years ago, in 1896
The opportunity freely and publicly
to criticize judicial action is of vastly
more Importance to the body polite than
the immunity of courts and judges from
tends more to render judges careful in
their decisions and anxiousy solicitous
to do exact Justice than the conscious
ness 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 Il Is fair. dtspassionate, discriminating
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, am
thus exert a strong influence to secure
uniformity OF decision. But non-profes-
sional criticism also is by no means
without It's uses. even II accompanied, as
II often II. by a direct attack upon the
judicial fairness and motives of the occu-
pants OF the bench; for IL the law is but
the essence of common sense, the pro-
test OF many average men may evidence
a defect In a judicial conclusion, 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 Just
conclusion and courage to enforce II. In
sonar as fear OF public comment does not
anect 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 comment
serves useful purpose There are few
men, whether they are judges for life
or for shorter term. who do not prefer
earn and hold the respect Of all, and who
be reached and made to pause
and deliberate by hostile public criticism
In the case Of judges having n life tenure
indeed, their very independence makes
the right freely TO comment ON their
decisions of greater Importance, because
Il is the only practical and available in
strument I'm the hands OF free people
to keep such judges alive to the reason
able demands of those they serve
'On the other hand the danger of de-
stroying the proper influence of judicial
nnfnuplpI 20
1ces against the courts justhes and re-
luires that unjust attacks shall he met
and answered. Courts must ultimately
-est their defense upon the inherent
strength of the opinions they deliver as
me ground for their conclusions and
must trust to the calm and deliberate
Judgment OF all the people as their best
Sound Judgment Of the People.
There Is one consideration which should
De taken into account by the good people
who carry a sound proposition to an ex-
'ess In obtecting to any criticism of a
american people as a whole is sound I'm
his matter. They will not subscribe to
he doctrine that any public servant Is
o be above criticism. II the best citi-
heir Judgment in such matters. and
Ibove all those belonging to the great
md honorable profession of the bar,
10 profoundly influential in American
life. take the position that there shall be
10 criticism Of a j[dge under any cir
their view will not be ac-
'epted by the American people as
whole. In such event the people will
urn to, and tend to accept as justihable,
he Incorporate and improper criticism
uttered by unworthy agitators. Surely,
I Is misfortune to leave to such crit
cs a function, right in itself, which they
ire certain TO abuse. Just and temperate
when necessary, is a safeguard
against the acceptance by the people
"A Whnln 10
'nism towards the Judiciary which must
'e combated by every right-thnking
nan, and which, II II become widespread
Lmong the people at large. would consti-
ute a dire menace to the republic.
null, nrnrnnn