The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-12-03

dlspassionate, discriminating and based
on knowledge Of sound legal prin.
Ciplcs. The comments made by learn.
cd text writer's and hy the acute cd
tors Of the various law reviews upon
judicial decisions are therefore highly
useful. such critics constitute more
or less impartial tribunals Of profel.
sional opinion before which each iudg.
mcut Is made 10 stand or fan on its
merits and thus exert Il strong lnnu-
cncc 10 secure uniformity OF decision.
But nonprofcsslonal criticism also IN
by no means without Its uses even II
accompanied, as it often IS. by a direct
attack upon the judicial fairness and
motives of tile occupants OF the bench.
for II the law Is but the essence Of
common sense the protest Of many NV
cragc men may evidence defect In
judicial conclusion. though based on
the incest legal reasoning and pro
foundcst learning. The two important
elements Of moral character I'm Judge
Nre an earnest desire To- reach lust
conclusion and courage tn enforce II.
In so far ~ fear Of public comment
docs not affect the courage Of iudgr.
but only spurs him on 10 search his
conscience and 20 reach the result
which approves Itself 10 his lnmost
heart, such comment serves useful
purpose. There are fcw men. whether
they are Judges for life or for a shorter
term, who do not prefer TO earn and
hold the respect of an 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 the right freely to comment ON
their decisions of greater importance.
because II Is the only practical and
available instrument I'm 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 ju-
dicial decisions by creating unfounded
prejudiccs against the courts justnes
and requires that unjust attacks shall
be met ana answered Courts must III
timately rest their defense upon the in
herent strength of the opinions they
deliver MS the ground for their conclu-
slons and must trust to the calm and
deliberate judgment of all tho people
as their best vindication."
Criticism Of Judges.
There is one consideration which
should be taken into account by the
good people who carry a sound prop
osition to an excess in objccting to any
criticism of n judges decision. The in
stinct Of the American people as
whole Is sound in this matter. They
will not subscribe to the doctrine that
any public servant is to be above all
criticism. If the best citizens, those
most competent to express their judg-
ment In such matters, and. above all,
those belonging to the great and hon
orable profession of the bar, so pro
foundly influential In American life,
take the position that there shall be no
criticism of judge under any crcum-
stances, their view will not be accepted
by the American people as whole. In
such event the people will turn to and
tend to accept as Justifiablc the lntem-
perato and improper criticism uttered
by unworthy agtators. Surely 1t Ia
misfortune to leave 10 such critics u
function, right in itself, which they
are certain 10 abuse. Just ana temper
ate criticism, when necessary, is
safeguard against the acceptance by
the people as whole OF that lntem-
perate antagonism toward the ju-
dietary which must be combated by
every right thinking man and which. II
1t became widespread among the peo-
pie at large, would constitute dire
menace TO the republic.