The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1906-12-04

assume e matter-of-fact course granting
OF preliminary injunction % pe the
4 ordinary and proper Judicial disposition
Of such cases. and there have undoubt-
/ edly been fragrant wrongs committed
by judges IN connection with labor dis
pr1es even within the last few years,
former years. Such judges by their un-
wise action Immensely strengthen the
hands Of t1ose who are striving entirely
10 do away with the power of inJunction
and therefore such careless use OF the
injunctive process tends to threaten its
very existence, for If the American peo-
pie ever become convinced that this
process is habitually abused, whether in
matters affecting labor or IN matters af-
fecting corporations, it will be well-nigh
impossible 10 prevent its abolition.
Criticism OF the judiciary.
It may be the highest duty OF a Judge
at any given moment TO disregard, not
merely the wishes OF individuals OF
great political or financial power, but
the overwhelming tide of public sentl-
nent and the judge who does thus dis
regard public sentiment when it is wrong
who brushes aside the plea of any spe-
eiai interest when the pleading Is not
founded on righteousness, performs the
highest service to the country. Such
judge Is deserving of all honor; and all
honor cannot be paid to this wise and
fearless judge If we permit the growth
OF an absurd convention which would
forbid any criticism OF the Judge of an
OllcI type VINO SHOWS himself tmlu IN
the presence OF arrogant disorder. or
who on insufficient grounds grants an in
junction that does grave Injustice, or
who IN his capacity as construer. and
therefore IN part maker OF the law,
IN fragrant fashion thwarts the cause OF
decent government. The Judge has a
power over which no review can be eXer-
cised; he himself sits in review upon the
acts OF both the executive and legssla-
tive branches of the government: save
~ the most extraordinary cases he Is
amenable only at the bar OF public opin-
ion; and II Is unwise to maintain that
public opinion in reference to man
with such power shall neither be exprest
nor led
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-
lor Parker. who said: Let all people
be at liberty to know what I found my
Judgment upon that. so when l have
gwen II 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. II years ago, in 1891
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 sohcltous
to do exact justice than the conscious
ness that every act Of theirs is to be
subjected 70 the intelligent scrutiny and
candid criticism Of their felow-men.
Such criticism is beneficial In proportion
as II is fair, dispassionate, discriminating
and based on knowledge of sound legal
principles. The comments made by
learned text writer's 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 SO secure
uniformity OF decision. But non-prOfes-
sonal criticism also is by no means
without its uses, even if accompanied as
il often is by a direct attack upon the
judicial fairness and motives of the occu-
pants Of the bench; for if the law is but
the essence Of common sense, the pro-
test of many average men may evidence
defect in 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 It. In
sofar al 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 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
and deliberate by hostile public criticism.
In the Gaze of judges having life tenure
indeed, their very independence makes
the right freely to comment on their
decisions Of greater Importance, because
1t Is the only practical and available in
strument In the hands OF a 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-
In ST "a 70 anx
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 to the calm and deliberate |
Judgment Of all the people as their best
Sound Judgment of the People.
There is one consideration which should
be taken into account by the good people |
cess in objecting to any criticism OF a
Judges decision. The instinct of the
American people as a whole Is sound In
this matter They will not subscribe to
the doctrine that any public servant Is
to be above criticism. III the best citi-
zens, those most competent to express
above all those belonging to the great
and honorable profession of the bar.
so profoundly influential In American
life, take the position that there shall be
~ NlAd~isAA ~ a Jnub0 uuuct any CIT
cumstances, their view Will not be ac-
cepted by the American people as a
whole. In such event the people will
turn to, and tend to accept as justflabie.
the intemperate and improper criticism
uttered by unworthy agitators Surely.
Il Is a misfortune to leave to such crit
les fuLction, right in itself, which they
are certain to abuse. Just and temperate
when necessary, Is a safeguard
against the acceptance by the people
as whole of that intemperate antag-
)nism towards the judiciary which must
be combated by every right-thinking
nan, and which, If it become widespread
among the people at large. would consti-
Iute dire menace to the republic.