Crittenden press. [volume] (Marion, Ky.) 1879-1907, 1906-12-06

assume a natter-of-fact course granting
-. a, preliminary Injunction to he the
urinary and proper jndicial disposltion
~ huch cases and there have undoubt.
SvN oeen nagrant wrongs committed
pntes even within the last few years.
@@'tno think much less often than In
lYlIner years. Such Judges by their UNI
ha use acton Immensely strengthen the
hands OF those who are striving entirely
20 20 away with the power OF Injunction.
anu therefore such careless use of the
lnyuhcuve process tends to threaten its
NY existence, for II the American peo-
p PIE ever become convinced that this
process II habitually abused. whether In
matters affecting labor or in matters af-
ieeuhg corporations II will be well-ngh
impossible 10 prevent It's abolition.
Criticism Of the Judiciary.
IL may be the highest duty of a Judge
-, any gwen moment TO disregard not
great political or financial rover but
the overwhelming tide Of public senti-
ment. ana the Judge who does thus dis
,s"u pubhc sentiment when II II wrong.
"hY brushes aside the plea Of any spe-
slal interest when the pleading Is not
i"uhueu on righteousness. performs the
u.tueAi service to the country Such
{uuse u deserving OF all honor. and all
1on1t cannot be paid 10 this wise and
fearless Judge n We permit the grow IA
W m absurd convention which would
lvI Dld any criticism Of the judge of an
other type. who shows himself ttmId In
w presence OF arrogant disorder. or
VINO on insufficient grounds grants an IN
Junction that does grave Injustice or
wno IN ms capacity as a construer. and
W'aelure IN part maker OF the law.
h Hagrant fashion thwarta the cause OF
u''ent government The Judge has "A
l'"ei over which no review can be eXer-
,l.,d' ne himself sits In review upon the
aus or poth the executive and legisla-
I'VE branches of the government. save
pm the most extraordinary cases he is
snenable only at the bar OF public opin-
ION ana 10 Is unwise 10 maintain That
public opinion In reference to a man
nor led
The best judges have ever been fore
gnnst To dlsclaim any immunity from
,Huclsm. This has been true since the
Iihys oi the great English Lord Chancel-
,oI Ietker VINO said Let all people
De AZ liberty to know what I found my
Judgment upon that 80 when / have
gwen ~ m any cause others may be al
liberty 20 Judge OF me" The prophecies
90 The case were set forth with singular
,'aIness ana good temper by Judge W
- TAFT when a United states circuit
Judge. u years ago. iu 1895
me opportunity freely and publicly
70 criucize 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 10 render Judges careful In
TO do exact justice than the conscious
ness that every act OF theirs 10 20 be
subjected TO the intelligent scrutiny and
candid criticism 81 their fellow men
such criticism Is benefciSi in propopt,on
az u IL fair. d1spassionate. discriminating
ana based on a knowledge of sound legal
principles The comments made by
learned text writers and by the acute
editors % 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 IL
made 20 stand or fall on It's merits. ana
mus exert strong influence TO secure
uniformity % decision. Hut non-profes-
without its uses. even a aeeompSnleS ed" a.
u often 10. by a direct attack upon the
judicial fairness and motives Of the occu-
pants OF the bench. for N the law IL bot
me essence OF common sense, the pro-
test Of many average men may evidence
q defect In judicial conclusion, tho
based on the incest legal reasoning and
profoundest learning The two importa nj
are an earnest desire TO reach q lust
conclusion and courage 10 enforce H. In
sofsr a. fear OF public comment does not
anect the courage of Judge but only
spurs him on 10 search his conscience
and to reach the result which approves
itself 20 his Utmost heart. such comment
serves a useful purpose There are few
men, whether they are Judges for life
or for shorter term. WhO 10 not prefer
earn and hold the respect 81 all. and who
cannot DE reached and made 90 pause
and deliberate by hostile public criticism.
In tho case ~ Judges having life tenure
indeed, their very Independence makes
the right freely 10 comment on their
decisions Of greater Importance. because
Il 10 the only practical and available In
strument in the hands Of free people
90 keep such judges alive 60 the reason
able demands Of those they serve
"pu the other hand. the danger Of de-
40 rfHfH hss NU ..F al
decisions by creating unfounded prcju-
diccs against the courts iustines and re-
Quirea That unjust attacks shall De met
aud answered Courts must ultimately
rest their defense upon the inherent
strength Of the opinions they deliver as
the ground for their conclusions and
must trust TO the calm and deliberate
Judgment 81 all the people as their best
vindication
sound Judgment of the People.
There IL one consideration which should
be taken into account by the good people
who carry a sound proposition TO an eN-
cess IN Directing to any criticism OF a
Judges decision. The Instinct OF the
this matter They VIII not subscribe TO
the doctrine that any public servant Is
10 be above criticism. II the best citi-
xens. those most competent 60 express
their Judgment In such matters, and
shove all those belonging 10 the great
ami honorable profession OF the bar
80 profoundly influential IN American
life. take the position that there shall be
no criticism OF a Isdge under any cir
cumstances. their view will not be ac-
cepted by the American people as a
whole In such event the people will
turn to. and tend 10 accept as tustihRble.
the Incorporate and improper criticism
uttered by unworthy sgitators. Surely.
II Is "A misfortune to leave TO such crit
les function. right In itself. which they
are certain to abuse. Just and temperate
criticism. when necessary. In a safegua I'd
against the acceptance by the people
az whole OF that Incorporate Antag-
onism towards the judiciary which must
be Comhated by every right-thinking
man. and which, n n become widespread
among the people At large would Consti-
tute a dire menace to the republic.
THE NEGRO PROBLEM.