The sun., 1906-12-05

preliminary Injunction in a labor case.
II granted without adequate proof (even
conclusions OF law on which il is founded,
may often settle the dispute between the
parties. and therefore IL improperly granted
may do trreparable wrong. Yet there are
many judges who assume matter-of-
course granting OF preliminary injunction
TO be the ordinary and proper judicial dis
position OF such cases, and there have un-
doubtedly been fagrant wrongs committed
by judges in connection with labor disputes
even within the last few years, although
think much less often than In former years.
Such judges by their unwiss 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 injunctive process tends
to threaten It's very existence, for II the
American people ever become convinced
that this process Is ha5itually abused,
whether IN matters affecting labor or In
matters affecting corporations, it will be
wefi-nigh impossible to prevent Its abolition.
IL 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
wneiming tide OF public sentiment; and
the Judge who does thus disregard public
sentiment when il Is wrong. who brushes
aside the plea OF any. special interest when
ness. performs the highest service to the
all honor; and all honor cannot be raid
to this wise and fearless Judge II we permit
the growth Of an absurd convention which
would forbid any criticism OF the judge Of
another type, who shows himself tinnid in
the presence OF arrogant disorder. or who
on insufficient grounds grants aninjunction
that does grave injustice, or who in his
capacity as a construer and therefore In
part q maker, Of the law in fragrant fashion
thwarts the cause OF decent government.
The judge has q power over which DO re-
| UgtD ka. n. H.. ~sN
review upon the acts OF both the executive
and legislative branches of the Govern
ment; save in the most extraordinary cases
be ie amenable only at the bar OF public
opinion; and 1t 10 unwise TO maintain that
public OF inion In reference TO a man with
such power shall neither be expressed nor
led
The best judges have ever been foremost
to disclaim any immunity from criticism.
great English Lord Chancellor Parker,
who said: let all people be at liberty
70 know what l found my judgment upon;
that, SO when have given il in any cause,
others may be at liberty to judge of me.
The proprieties Of the case were set forth
with singular clearness and good temper
by Judge w. H. Taft, when a United States
circuit judge, eleven years ago, in 1895:
The opportunity freely and publicly
Importance to the body polite than the
Immunity OF courts and judges from unjust
aspersions and attack. Nothing te nds more
to render judges careful in their decisions
and anx isly solicitous to do exact justice
than the consciousness that every act OF
theirs is to be subjected to the inte Iii mt
scrutiny and candid criticism of their
! tellow-men. Such criticism is beneficais
in proportion as II is fair, dispassionate, dis
eliminating, and based on a knowledge
OF souni legal principles. The comments
! ma ie bv learned text writer's and by the
acute editors OF the various law reviews
III. a L. Lg-.LI-
useful. Such critics constitute more or less
impartial tribunals OF professional opinion
before wh'cheach Judgment Is made to stand
or fall on its merits, and thIs exert a strong
cision. But non-professional criticism
also Is by no means without it's uses,
even II accompanied, as it often Is, by
direct attack upon the judicial fair
ness =. and motives of the occupants
essence OF common sense, the protest Of
many average men may evidence a defect
in q 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 to reach q just conclusion and corr
/ age to enforce IL. In 40 Far az fear Of public
comment does not affect the COURAGE Of a
! judge. but only spurs him on to search his
/ conscience and to reach the result which
! approves itself to his inmost heart, such
| comment serves a useful purpose There
| are few men, whether they are judges for
! life or for a shorter term, who do not prefer
to earn and hold the respect Of all. and who
cannot he reached and matt. to pause and
deliberate by hostile public criticism. In
| the case OF judges having a life tenure, in
! deed, their very independence make the
/ right freely to comment on their decisions
| OF greate- Importance because IL is the
only practical and available instrument
/ in the hands OF a free people to keep such
Judges alive to the reasonable demands OF
I ANYA AAWUQ
-On the other hand, the danger Of de-
stroyin9 the proper influence Of judicial
decisions by creating unfounded prejudlces
AGAINST the courts justifes and reouires
that unjust attacks shall be met and an
swe-ed. Courts must ultimately rest their
| defence 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 Wind cation
There is one consideration which should
! be taken into account by the good people
who carrv a sound proposition TO an excess
! in objectipg to anv criticism OF a judges
decision. The instinct OF the American
reople as a whole is sound In this matter.
They will 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 judgment in
such matters, and above all those belonging
| 20 the great and honorable profession of
| the tar, so profoundly infU entail in Ameri-
can hfe, take the position that there shall
! be no criticism OF judge under any cir
cumstances, their view viii not be accepted
by the American people as a whole. In
| such event the people will turn TO, and tend
| TO accept as justihable, the Incorporate
and improper criticism uttered bv un-
worthy agitators. Surely IL is a misfortune
10 leave to such critics a function, right in
itself, which they are certain 10 abuse just
| and temperate criticism, when necessary,
| is a safeguard against the acceptance by
| the people as a whole OF that Incorporate
! antagonism toward the judiciary which
mt ct be co mbated by every nght-thinking
| man. and which, IL lt became widespread
/ among the people at large, would constitute
dire menace 10 the Republic.
LYNCHINo.
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 lynch
ing and mob violence that springs up, now
| in one part OF our country, now In another.
| Each section, North, South, East or West,
has its own faults; no section can with wis
dom spend ftA time ieernR at the faults