The news-democrat. (Providence, R.I.) 1906-1909, 1906-12-04
ROOSEVELT 7

rant fashion thwarts the cause OF decent
government The judge has a power over
which no review con be exercised; he him
self sits I'm review upon the acts OF both
the executive and legislative branches OF
the government; save in the most extra
ordinary cases he is amenable only at the
bar of public opinion; and IL Is unwise TO
maintain that public opinion in reference
10 a man with such power shall neither
be exprest nor led
The best judges have ever been fore.
most 10 disclaim any immunity from criti-
cism. This has been true since the days
OF the great English Lord Chancellor
Parker. who said: Let all people be at
liberty TO know what I found my judg.
ment upon; that. so when | have given IL
ia any cause, others may be at liberty 20
judge OF me- The prophecies OF the case
were set forth with singular clearness
and good temper by Judge w. H. Taft.
/ when a United States circuit judge, III
years ago, I'm 1896
The opportunity freely and publicly TO
criticize judicial action Is OF vastly more
! importance 20 the body polite than the
immunity Of courts and Judges from un
just aspersions and attack. Nothing tends
more TO render judges careful in their de-
cisions and anXiously solictous TO do
exact justice than the consciousness that
every act Of theirs is 10 be subjected TO the
intelligent scrutiny and candid criticism OF
| hcial IN proportion as IL Is fair. dispas-
sionate. discriminating. and based on a
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 con-
Stltute more or less impartial tribunals
of professional opinion before which each
| judgment is made TO stand or
| fall on its merits and thus ex-
| ert strong influence 20 secure
| uniformity Of decision. But nOn-profes-
| sional criticism also is by no means with
1 out its uses. even If accompanied as it
| often is. by direct attack upon the Judi
! cial fairness and motives of the occu.
| pants OF the bench. for IL the law Is but
| the essence OF common sense the protest
| Of many average men may evidence a
! defect In "A judicial conclusion, tho based
| on the incest legal reasoning and pro-
| foundest learning. The two important ele-
ments Of moral character i'm a Judge are
| an earnest desire TO reach a just Conclu-
| sion and courage to enforce il. 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 are few men.
whether they are judges for life or for a
shorter term, who do not prefer 10 earn
and hold the respect of all, aud who can
not 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 Il Is the
only practical and available instrument in
the hands of "A free people to keep such
Judges alive TO the reasonable demands
Of those they serve
nm ha al
stroying the proper influence OF judicial de-
cisions by creating unfounded prejudices
against the court jusuties and requires
that unjust attacks shall be met and an
swered. 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 OF all the
people as their best vindication.'
There is one consideration which should
be taken into account by the good people
who carry sound proposition 10 an ex-
cess in obtecting to any criticism Of "A
judges decision. The instinct OF the
American people as a whole is sound in
this matter. They will not subscribe to
the doctrine that any public servant is
TO be above all criticism. II the best citi-
zens, those most competent to express
their judgment In such matters. and above
all those belonging 10 the great and hon
/ ly influential In American life. take the
position that there shall be no criticism
OF judge under any circumstances. their
view will not be accepted by the Amer-
can people as a whole In such event tho
people VIII turn to, and tend to accept
as justlhable the Incorporate and inn
proper criticism uttered by unworthy ag-
tators. Surely IL is a misfortune to leave
TO such critics a function, right in itself,
which they are certain TO abuse Just and
temperate criticism, when necessary, Is a
safeguard against the acceptance by the
people as a whole OF that incorporate
antagonism towards the Judiciary which
must be combated by every right-think-
ing man. and which IL Il became wide
spread among the people at large, would
constitute dlro menace to the republic.
Lynching.
In connection with the delays of the law.
call your attention and the attention Of
the nation TO the prevalence Of crime
among us, and above all TO the epidemic
OF lynching and mob violence that springs
up, now in one part of our country, now
In another Each section, north, south,
east or west. has its own faults; no sec
tlon can with wisdom spend its time
jeerlng at the faults OF another section;
Il should be busy trying 20 amend It's osn
shortcomings To deal with the crime of
corruption 10 Is necessary TO have an
awakened public conscience and 10 sup
plement this by whatever legislation viii
add speed and certainty In the execution
OF the law. When we deal with lynching
even more is necessary. a great many
white men are lynched. but the crime is
peculiarly frequent In respect TO black
men. The greatest existing cause of
snching is the perpetuation. especially by
black men. OF the hideous crime OF rape
the most abominable in the category OF
crimes, even worse than murder. Mobs
frequently avenge tho commission or this
crime By themselves torturing 60 death the
man committing IL; thus avenging in
bestial fashion a bestial deed. and re-
ducing themselves to a level with the
criminal
LawlessneSs grows by what II feeds
upon; and when mobs begin 20 lynch for
rape they speedily extend the sphere OF
their operations and lynch for many other
kinds OF crimes. so that two-thlrds OF the
lynchlngs are not for rape at all; while
considerable proportion OF the individuals
lynched are innocent OF all crime Gov.
Chandler OF Georgia, stated on one
occasion some years ago: II can
gnx aV s.rfg skas \ hoe xtrftk O.