The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-12-07

from unjust aspersions and attack.
tends more 10 render scdees
in their decisions and anxious
" soIicitous to do exact justice n
the consciousness that every aet cf
theirs IS TO be subjected TO the int@.-
ligent scrutiny and candid criticism of
their feIlow-men- Such criticism is
beneficial in proportion a. it Is fair.
d~ispassionare. discriminating, and aas-
ed On a knowledge OF sound Iega, tr.n-
ciples. The comments made By ieared
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 profes sfonai
opinion before which each judgment IS
made TO stand or fall on its merits,
and nus exert a strong influence TO Sc
cure uniformity Of decision. But nom
professional criticism also IS b. 10
means without its uses, even if accom-
panied. as it often IS, by a direct ATTACK
upon the judicial fairness and motives
OF the occupants Of the bench; FOG #
the law is but the essence Of conmon
sense, the protest OF many average
men may evidence a defect in a 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 de-
sire to reach a just conclusion AM
courage to enforce it. In so far as 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 an. few
men whether they are judges for life
Or for a shorter term, who do 10 pre-
fer to earn and hold the respect Of nj.
and who can not be reached and mai5
to u and deliberate by hostile puollc
criticism. In the cases of judges haV-
ing a life tenure. indeed, their very
independence makes the right freely 10
comment on their decisions of greater
Importance, because it is the only pr:lc-
teal and available instrument in the
hands of a free people 10 keep such
Judges alive to the reasonable demands
OF those they serve.
s'On the other hand, the danger Of
destroying the proper influence o. judi
ical decisions by creating ~unfounded
! prejudices against the courts JustlflsS
and requires that unjust attacks shall
be met and answered. Courts mus
ultimately rest their defense upon the
inherent strength of the opinions they
deliver as the ground for their concln-
! sions and must trust to the calm ana
deliberate Judgment Of all the peoplc as
their best vindication.'
There is one consideration which
should be taken into account b. The
good people who carry a'sound PROPOSE
ton to an excess in objecting to any
criticism of a judges decision. The IN
stinct Of the American people rs q
whole is sound in this matter. They
will not subscribe to the doctrine that
any public servant is to be above ali
criticism If the best citizens, those
most competent t express their judg-
ment in such matters, and above all
those belonging to the great and lon-
orable profession OF the bar, 50 pro-
foundry influential in American life,
take the position that there shall be no
criticism of a judge under any clicum-
stances, their view Will not be accepted
by the American people as a whole.
In such event the people will turn 10
and tend to accept as justifilahle, the
incorporate and improper criticism at
tered by unworthy agitators- Surely It
is a misfortune to leave to such critics
a function, right in itself, which they
are certain to abuse. just and temper
ate criticism. when necessary, is q safe
guard against the acceptance by the
people as Il whole Of that tinte1nperate
antagonism towards the Judiciary
which must be combated by every right
thinking man, and. which, if it became
widespread among the people at large,
would constitute a dire menace to the
republic
LYNCH1NG.
. In connection with the delays OF the
law, / call your attention and the at
tentiOn of the nation to h prevalence
of crime among us, and all to the
epidemic of lynching and mob violence
that springs up, now in n part or our
country. now in another. Each SEE
ton. north, south, east or west, has It's
own faults; no section can with wis
dom spend it's time jeering at the faults
of another section, it should be busy
trying to amend its WI shortcomings.
! To deal with the crime CT corruption II
| is necessary to have an awakened pub
| lie conscience, and to supplement this
by whatever legislation win add speed
and certainty in the execution OF the
law. When we deal with lynching ever
more is necessary. A great many white
| men are 1ynched, but the crime is pecu-
| liarly frequent in respect to black men
The greatest existing aus of 1ynchinG
is the preparation. especially by black
| men, of the hideous crime of rape-the
| most abominable in all the category
| of crimes. even worse than muT6er
! Mobs frequently avenge the commission
| Of this crime by themselves torturIn
! to death the man committing II; thu
| avenging in bestial fashion a besf1ai
| deed. and reducing themselves % a
| level with the criminal.
/ Law1essness grows by what IL feeds
upon; and when mobz begin to lynch
they specify extend tNe
sphere of their operations and IN n
| for many other kinds Of crimes, so hat