Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-12-04
cnr1Icl1lNc COURTS.
,..,.c. Have Been Foremost TO
Best c ,,, ANY Immunity From H.

Ui-e 80. lao, fora
~, hest judges have even oeen , ,.,',,
Inc = d,scmim any immunity from
M i.,sm This has been true sinp.
ul''Si'' ~ The great English LORD
the day. ays parker who said, Ley
Chaneelo' ne AZ liberty to know what
all peop" nv Judgment upon; that, SO
] foun1 hsve given It In any cause,
when 90 bs At liberty 70 judge
others The proprieties of the case
Of me sorth with singular clear
were ri GOOD temper by Judge W. n.
ness a"y hen United States circuit
Ialn II wears ago, in 1890;
pdgs, annortunlty freely and pubic.
my oritieize judicial action Is OF
~ saore Importance TO the BODY
Ws.i nan the immunity OF courts
lonWs, ders from unjust aspersions and
anu NothIng tends more to render
ttlaoM areful in tneir decisions ana
ssngIously sollcitous To 90 eN"c, Jus'ioe
llan ~ q 10 be subjected 60 the in,
,an,gent scrutiny and candid critlclsil
~ ther fell0W-men sueh clitlclsul 10
,sreliela IN proportion as y iail
pshVs,onate discriminating, ana
,assd ON a knowledge OF SOUND leshl
,r1clples. The comments maue by
Nsd text writer's and by the acute
'te,nrs of the various law reviews upon
s,5laal decisions are therefore nigniy
..''sftl such critics constitute more or
~. ,mpartlal tribunals OF professional
.,i,ion before which each Judgment is
s.sde 10 stand or fall on us me-its,
naS mus exert strong influence 10
.s'sre unlfori y of decision. But nom
,,osessional criticism also Is by no
,,eans without ts uses, even II accom-
,sried as II often Is, by a direct at
Xxx upon the judicial fairness ana mo-
,rss Of the occupants or the behcn'
,,f,he law Is but the essence OF COM
,on sense. the protest OF many aver
sse mon may evidence a defect In
|iieal conclusion, though based on
4. incest legal reasoning and pro-
Smdest learning The two important
,snents Of moral character in judge
s,s an earnest desire to reach JUST
sonemson and courage TO enforce 1t.
4 "a far as fear of public comment
Az, NOT affect the courage of judge,
r, ony spurs him on 10 search his
'orselence aud TO reach the result
,hIcb approves itself to his inmost
Nj snch comment serves a useful
"oyaose There are few men, whether
ner Are hidges for life or for a short
~ tsfn who do not prefer to earn
ana hold the respect of all, and who
s,g 1ot be reached and made to pause
MA deliberate by hostile public criti-
,t.m I'm the case OF judges having a
M tenure, indeed, their very inde-
rendence makes the right freely 10
comment on their decisions of greater
Importance. because II Is the only prac-
ilcal ana available instrument In tho
hands Of free people to keep such
Judges alive TO the reasonable demands
Of those they serve.
ION the other hand, the danger OF
destroying the proper influence of jul
dicial decisions by creating unfounded
prejudces against the courts justlhe5
And requires that unjust attacks shall
\ met and answered Courts must
Wimately rest rheir defense upon tho
Merent strength Of the opinions they
dther as the ground for their conclu-
SONS and must trust to the calm ana
deliberate Judgment OF all the people
as their best vindication."
There Is one consideration which
should be taken into account by the
rood people who carry a sound propos-
tion to an excess In objectlng to any
criticism Of Judges decision The in.
gnct Of the American people ms q
whole Is sound in this matter.
They win not subscribe to the doe
time that any public servant Is Ito be
above all criticism. IL the best
citizens, those most competent to
express their judgment in such mat
lgs, and above all those belonging to
De great and honorable profession of
the bar so profoundly influential In
American life, take the position that
iAere shall be no criticism of judge
llder any circumstances, their view
MI not be accepted by the American
leqple as whole. In such event the
Fople will turn to, and tend to accept
llslliiable, the Incorporate and inn
proper criticism uttered by unworthy
Nlators Surely II is n misfortune
leaVe to such critics n function, right
Y Itself, which they are certain to
sasse. Just and temperate criticism.
Yen necessary, is safeguard against
Nacceplance by the people as a whole
Ma, Incorporate antagonism to-
ANS the judiciary which must be
Nnoaled by every right thinking man,
ua which, u 1t became widespread
aaons the people at large, would con-
"'u'e dire menace 10 the republic.