The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1906-12-13


preliminary fluctuations he saws:
Il again recommend law prohib-
lting all corporations from contrib
uting to the campaign expenses of
any party. Such bill has already |
passed one house OF congress. Let
individuals contribute as they desire
but let us prohibit In effective fash
ion all corporations from making
contributions for any political pur.
pose, directly or Indirectly.
He recommends a law giving the
government the right OF appeal In
criminal cases, for the purpose OF
reaching trust magnates In criminal
proceedings, and also to allow the
government TO get decision on the
constitutionality OF acts declared un-
constitutional by lower court.
He admits the abuse OF power OF
Injunction, and wants It's use re-
stricted as much as possible, but
thinks 1t unwise to prohibit II alto
gether. In this connection he quotes
an opinion OF Judge VIM. II, Taft,
which follows:
1.-The opportunity freely and pub
licly to criticise judicial action Is OF
vastly more Importance TO the body
polite than the Immunity OF courts
and judges from unjust aspersions
and attacks. Nothing tends more u
render judges careful In their deci'
sioRs and anxiously solicitous To &c
exact justice than the consciousness
that every act OF theirs Is TO he sub
jected TO the intelligent scrutiny ant
candid criticism OF their tellow-men
Such criticism is beneficial In pro
portion as IL Is fair, dispassionate
discriminating, aud based on |
) knowledge OF sound legal principles
The comments made by learned tex
= writer's and by the acute editors o
the various law reviews upon judicia
5 decisions are Therefore highly useful
5 Such critics constitute more or les
impartial tribunals OF professions
opinion before which each judgmen
is made To stand or fall on its mel
its, and thus exert strong inlluenc
!, to secure uniformity OF decision
d But non professional criticism also
!. by no means without its uses, eve
o II accompanied, at 1t often Is, by
Il direct attack upon the judicial iai
n ness and motives OF the occupants
/. the bench; for II the law is but e
sence OF common sense, the prote
10 OF many average men may eviden'
ly a defect In judicial conclusion
r though based en- the incest legal re
s, soning and profoundest learnin
a! The two important elements OF nc
S. al character In a Judge are an earne
DC desire to enforce 1t. In so far
d. fear Of public comment does not
feet the courage OF a Judge, but on
spurs him on to search his conscien
and TO reach the result which a
proyes itself TO his inmost hea
II such comment serves II useful pl
,ly pose. There are few men, wnett
RS they are judges fol life or Tor $40
g. er term. who do not prefer 10 ea
Ia and hold the respect Of all, and
III can not be reached and made to PAT
a and deliberate by hostile public cri
~. cism. In the case OF judges navl
he lire tenure, indeed, their very
m dependence makes the right freely
mr.. Comment on their decisions
,ed greater importance, because IL
are the only practical and available
strument 10 the hands OF a free y
ple TO keep such judges live TO
reasonable demands OF those Il
serve.
Instinct Of People Sound.
"On the other hand, the danee'
destroying the proper Influence
judicial decision by creating
founded prejudices against the cot
J., iustltes and requires that unjust
',t. tacks shall be met aud answer
~ Courts must ultimately rest their
49,. ,ense upon the inherent strength
ia the opinions they deliver as
80 ground for tbeiI conclusions and u
/, trust 10 the calm and deliberate j.
mepi OF all the people AS their
aid yindication -
: "a, oThere is one consideration vi
49, should be taken into account ny
nav. good people who carry sound pr
o,s s,tioo To and excess In oblect'ng
~ any criticisms OF judges oecis
rhe instinct Of the American
nle asa whole is sound Ia TINS
ter.
c1. They viii not subscribe TO the
mhl trine that any public servant j.
aboye criticism. II the best ciii'
chose most competent 10 Ell
,beir Judgment in such matters
,boYe all those belonging u the
, on and honorable profession OF the
Cof. 90 profoundly influential In Amel
ute take the position that
snaIl be no criticism OF a 10 ise u
any circumstances. THEFT view
moi be accepted by the Ans
- people as whole. Ia such e
This the pc"p'e ',,aa,la the intemp
lm aceept aH Wv I-I.,.i..,, ntlerc