Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-04

to disclaim 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 found my Judgment upon:
that, 30 when I have given II in any cause.
others may be at liberty to judge Of me-"
The prophecies OF the case were set forth
with singular clearness and good temper
BY Judge w. II. Taft. when United States
circuit Judge. eleven years ago. In 1885:
Judge Taft's Views
''The opportunity freely and publicly to
criticize judicial action Is OF vastly more
Importance to the body polite than the Inn
munity Of courts and judges from unjust
aspersions and attack. Nothing tends
more to render judges careful In their de-
cisions and anxiously solicitous to do exact
Justice than the consciousness that every
act Of theirs is to be subjected to the IN
telligent scrutiny and candid criticism OF
their fellow-men. Such criticism Is benef-
cial in proportion as 1t is fair. dispas-
sionate, discriminating. and based on a
knowledge Of sound legal principles. The
comments made by learned text writer's and
by the acute editors Of the various law re-
views 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 it's merits. and
thus exert q strong influence to secure uni
formity of decision. But non-professionai
criticism also Is by no means without us
uses, even II accompanied. as 1t often L.
by direct attack upon the judicial falr-
ness and motives of the occupants OF the
bench; for If the law Is but the essence OK
common sense, the protest Of many average
men may evidence q defect in judicial
conclusion, tho based on the incest legai
reasoning and profoundest learning. the
two important elements Of moral character
In Judge are an earnest desire TO reach
Just conclusion and courage to enforce It..
In so far as fear Of public comment does
not affect the courage of q 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 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 can
not be reached and made to pause and de-
liberate by hostile public criticism. In the
case Of judges having a 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 instrument In the
hands of a free people to keep such judges
alive to the reasonable demands OF those
they serve.
ION the other hand, the danger C de-
stroying the proper influence of judicial
decisions by creating unfounded prejudices
against the courts justifies 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 judgement 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 excess
in Directing to any criticism of a judge 8
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 all criti-
cism If the best citizens. those most COM
petent to express their judgement in such
matters, and 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 no
criticism of a judge under any circum-
stances. their view will not be accepted by
the American people as q whole. In such
event the people will turn to, and tend to
accept as justifable, the Incorporate and
improper criticism uttered by unworthy
agitators. Surely 1t is q misfortune to
leave to such critics function. right in
itself, which they are certain to abuse.
Just and temperate criticism. when neces-
sary, Is a safeguard against the acceptance
by the people as a whole of that intemper-
ate antagonism towards the judiciary
which must be combated by every right
thinking man, and which, II it became
widespread among the people at large.
would constitute q dire menace to the re-
public.
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 its own faults: no sec
ton can with wisdom spend its time Jeering
at inc ldultS VI duOluSf ScClIOus II SQOutC
be busy trying to amend its own short
comings. To deal with the crime of cor
ruption it is necessary to have an awak-
ened public conscience, and to supplement
this by whatever legislation will add speed
and certainty in the execution of the law.
When we deal with lynching even more is
necessary. A great many white men are
lynched, but the crime is peculiarly fire.
quent in respect to black men. The great
est existing cause of lynching is the per-
petration, especially by black men, of the
hideous crime of rape-the most abom-
Unable in all the category of crimes, even
worse than murder Mobs frequently
avenge the commission of this crime by
themselves torturing to death the man COM
hitting it; thus avenging in bestial fashion
bestial deed, and reducing themselves to
level with the criminal.
Lawlessness grows by what it feeds upon;
and when mobs begin to lynch for. rape
they speedily extend the sphere of their
operations and lynch for many other kinds
of crimes, so that two-thirds of the lynch
ings are not for rape at all; while a con-
siderable proportion Of the individuals
lynched are innocent of all crime Cover
nor Gambler. of Georgia, stated on one oc-
casion some years ago: Il can say of
verify that I have, within the las. month.
saved the lives of half dozen innocent
noQronS who were pI1rSIed nv tho u,oh ord