The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1906-12-07

assume a matter of-fact course granting
of a preliminary injunction to be the
ordinary and proper judicial disposition
Of such cases; and there have undoubt-
eddy been fragrant wrongs. committed
putes even within the last few years,
altho ! think much less often than in
former years. Such judges by their un-
wise action immensely strengthen the
to do away with the power Of injunction;
and therefore such careless use Of the
injunctive process tends to threaten its
very existence, for II 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 to prevent its abolition.
Criticism Of the Judiciary.
at any given moment to disregard, not
merely the wishes of individuals Of
great political or financial power. but
the overwhelming tide of public senti-
ment. and the judge who does thus dis
who brushes aside the plea Of any spe-
cial interest when the pleading Is not
founded on righteousness, performs the
highest service to the country. Such q
Judge Is deserving of all honor. and all
fearless judge If we permit the growth
OF an absurd convention which would
forbid any criticism Of the Judge Of an
other type, who shows himself timid 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
w M nan ha vny.3
cised; he himself sits in review upon the
acts of both the executive and legisla-
tive branches of the government; save
In the most extraordinary cases he is
ion. and it is unwise to maintain that
public opinion in reference to a man
with, such power shall neither be exprest
nor led. S
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-
Tor Parker, who said: Let all people
be at liberty to know what found my
Judgment upon; that SO when have
liberty to judge of me- The proprieties
of the case were set forth with singular
clearness and good temper by Judge w.
II. Taft. when United States circuit
Judge. ii years ago, in 1895.
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 solicitous
to do exact justice than the conscious
ness that every act of theirs Is to be
subjected to the intelligent scrutiny and
candid criticism of their fellow-men
as It is fair, dispassionate, discriminating
and based on knowledge Of sound legal
principles The comments made by
learned text writers 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 strong influence to secure
uniformity Of decision. But non-profes-
sional criticism also is by no means
without its uses, even If accompanied as
1t often Is, by direct attack upon the
judicial fairness and motives of the occu-
the essence of common sense, the pro-
test 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 judge
are an earnest desire to reach just
conclusion and courage to enforce it, In
sofar as fear of public comment does not
affect the courage of 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
cannot be reached and made to pause
and deliberate by hostile public criticism
In the case of judges having a life tenure
indeed, their very independence makes
decisions of greater Importance, because
It Is the only practical and available in
strument in the hands of free people
to keep such judges alive to the reason
able demands of those they serve.
ION the other hand, the danger of de-
stroying the proper influence of judicial
decisions by creating unfounded preju-
iices against the courts justifies and re-
luires that unjust attacks shall be met
and answered. Courts must ultimately
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
less in Directing to any criticism of
Judges decision. The instinct of the
American people as whole is sound in
This matter. They will not subscribe to
he doctrine that any public servant is
10 be above criticism. If the best cti-
sens, those most competent to express
heir judgment in such matters, and
above all those belonging to the great
and honorable profession of the bar,
10 profoundly influential in American
life, take the position that there shall be
40 criticism of a judge under any cir
their view will not be ac-
,epted by the American people as
whole. In such event the people will
urn to, and tend to accept as justifiable,
he incorporate and improper criticism
uttered by unworthy agitators. Surely,
t Is misfortune to leave to such crit
cs function, right in itself, which they
ire certain to abuse. Just and temperate
when necessary. is a safeguard
against the acceptance by the people
IS whole of that Incorporate antag-
,nism towards the judiciary which must
De combated by every right-thinking
nan, and which, If it become widespread
among the people at large. would consti-
ute dire menace to the republic.
THE NEGRO pRORV EM