The Birmingham age-herald., 1906-12-05

pacity as a construer, and therefore In part a maker, of the law, in fragrant fashion thWarts the cause of decent gov ernment. The judge has a power over which no review can be exercised; he himself sits in review upon the acts "f both the executive and legislative branches Of the government; save in the most extraordinary eases he is amenable only at the bar of public opinion; and it is unwise to maintain that public opin- lon in reference to man with such power shall neither be expressed nor led
 The best judges have ever been fore most to disclam any immunity from criticism. This has been true since the days of the great English Lord Chancel- Tor Parker, who said: Let all people be at liberty to know what found my judgment upon; that, so when 1 have given it in any cause, others may be at liberty to judge of me" The pro- prietes of the case were set forth with singular clearness and good temper by Judge w. H. Taft, when United States circuit judge, eleven years ago, m 1895:
 "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 unjust aspersions and attack. Nothing tends more to render judges careful in their decisions and anxiously solictous to
  that every act of theirs is to be subjected to the intelligent scrutiny and candid criticism of their fellow men. Such crit icism is beneficial in proportion as it is fair, dispassionate, discriminating and based on knowledge of soung legal prin- ciples. The comments made by learned text writers and by the acute editors of the various law reviews upon judicial de- cisions 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 it's merits, and thus exert a strong influence to secure uniformity of decision. But non- professional criticism also is by no means without it's uses, even if ac- ccmpanied, as it often is, by direct at tack upon the judicial fairness and mo- tives of the occupants of the bench; for if the law is but the essence of com mon sense, the protest 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 judge are an earnest de- sire to reach a just conclusion and cour- age to enforce it. Insofar as fear of public comment does not affect the cour- age of a judge, but only spurs him on to search his conscience and to reach the result which approves itself to his in-
 
 full purpose There are few men, whether they are judges for life or for shorter term, who do not prefer to earn and hold the respect of all, and who can not be reached and made to pause and delib- crate by hostile public criticism. In the case of judges having a life tenure, in- deed, their very independence makes the right freely to comment on their de- cisions of greater importance, because it is the only practical and available instrument in 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 decisions by creating unfounded preju- dices against the courts justiies 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 vindication."
 There is one consideration which should be taken into account by the good people who carry a sound proposition to an ex- cess in objecting to any criticism of a Judges decision. TNhe instinct of the American people a whole is sound in this matter. They will not subscribe to the 0OcITnle that dlly puDilc StTNdflL IS to be above all criticism. If the best cit izens, those most competent to express their judgment in such matters and above all those belonging to the great and honorable profession of the bar, so pro- foundly influential in American life take the position that there shall be criti- cism of a judge under any circumstances, their view will not be accepted by the American people as a whole. In such event the people will turn to. and tend to accept justifiable, the incorporate and improper criticism uttered by unwor thy agita tors. Surely it is a misfortune to leave to such critics a function, right in itself. which they are certain to abuse Just and temperate criticism, when neccs- sary, is a safeguard against the accept anee by the people as a whole of the intemperate antagonism towards the ju- dietary which must be combated by every right thinking man, and which, if 1t be- came widespread among the people at large, would constitute a dire menace to the republic.
 Lynching.
 In connection with the delays of the law I call your attention and the attention of the nation to the prevalence of crime among us, and above all to the epidemic of lynching and mob violence that springs up, now in one part of our country, now in another. Each section, north, south, east or west has it's own faults; no sec ton can with wisdom spend it's time