The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1906-12-04

dispassionate, discriminating and based
on a knowledge of sound legal prin-
ciples The comments made by learn
ed text writer's and by the acute edi-
tors OF the various law reviews upon
judicial decisions are therefore highly
useful, Such critics constitute more
or less impartial tribunals of profess
sional opinion before which each judy
ment Is made to stand or fall on its
merits and thus exert a strong influ-
ence to secure uniformity Of decision.
But nonprofessional criticism also is
by no means without its uses even If
accompanied. as it often Is. by direct
attack upon the judicial fairness and
motives Of the occupants of the bench.
for If the law is but the essence Of
common sense the protest of many av-
erage men may evidence defect in
judicial conclusion, though based on
the incest legal reasoning and pro-
foundest learning. The two important
elements Of moral character in Judge
conclusion and courage to enforce it.
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 Utmost
heart, such comment serves useful
purpose. There are few men. whether
they are judges for life or for a shorter
term, who do not prefer to 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 the right freely to comment on
their decisions Of greater Importance,
because it 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.
ION the other hand, the danger Of
destroying the. proper influence Of ju-
dicial decisions by creating unfounded
prejudices against the courts justifies
and requires that unjust attacks shall
be met and answered. Courts must ul-
timately rest their defense upon the in
herent strength Of the opinions they
deliver as the ground for their conclu-
sions and must trust to the calm and
deliberate judgment of all the 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 objecting to any
criticism OF judges decision. The in
stinct 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. 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-
foundry influential in American life.
take the position that there shall be no
criticism Of judge under any circum-
stances. their view will not be accepted
by the American people as a whole. In
such event the people will turn to and
tend to accept as justifable the intem-
perate and improper criticism uttered
by unworthy agitators. Surely it is a
misfortune to leave to such critics a
function, right in itself, which they
are certain to abuse. Just and temper
ate criticism, when necessary, is a
safeguard against the acceptance by
NE people as whole of that intem-
perate antagonism toward the ju-
dietary which must be combated by
every right thinking man and which, if
1t became widespread among the peo-
pie at large, would constitute dire
menace to the republic.