Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1906-12-04


the overwhelming tide OF public senti-
ment; and the judge who does thus dis
regard public sentiment when IL is
wrong, who brushes aside the plea Of
any special interest when the pleading
! rs not rounded on righteousness, per
forms the highest service to the coun-
ltrN. Such a judge Is deserving of all
honor; and all honor can not be paid to
this wise aud fearless Judge II we per-
mt the growth of an absurd convention
which would forbid any criticism of the
| judge of another type who shows him
self timid in the presence of arrogant
disorder. or who on insufficient grounds
grants an injunction that does grave
injustice or who In his capacity as a
construer. and therefore in part
maker of the law. I'm hagrant fashion
thwarts the cause of decent governments
The judge has power over which no
review can be exercised; he himself sits
in review upon the acts OF both the eN-
ecutlYe and legislative branches OF the
government; save In the most eXtraor-
binary cases he is ameuable only at the
bar of public opinion and II Is unwise
TO maintain that public opinion in ref
erence to man with such power shall
neither be eNprest nor led
The best judges have ever been fore
most to disclaim any immunity from
criticism. This has been true since the
days Of the great English Lord Chancel-
Tor Parker, who said: Let all peonle
be at liberty to know what / found nv
Judgment upon; that. when 1 have
given II In any cause, others may be- at
liberty 10 judge of me" The proprieties
OF the case were set forth with singular
clearness and good temper by Judge W
n. Tart, when United States circuit
judge. eleven years ago, in 1886:
ne opportunity freely and publicly
To criticize 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
4 uHgIEffmE
40 do exact justice than the conscious
ness that every act of theirs IL TO be
subjected to the intelligent scrutiny and
candid criticism of their fellow men
Such criticism Is beneficial in proportion
as IL Is fair dispassionate, discriminat-
ing 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 hightv
useful. Such critics constitute. more or
less impartial tribunals OF professional
opinion before which each Judgment is
made to stand or fall on its merits and
thus exert strong influence to secure
uniformity OF decision. But on-nrOfes-
sionai criticism also Is by no means
without IT'S uses, even If accompanied,
as IL often is by a direct attack upon
the judicial fairness and motives of the
occupants of the bench; for II the law is
but the essence OF common sense the
protest OF many average men may evil
dence defect In "A judicial conclusion.
tho based on the incest legal reasoning
and profoundest learning. The two inn
pOrtant elements Of moral character i'm
Judge are an earnest desire to reach
a just conclusion ana courage TO enforce
II. In 80 far as fear Of public comment
does not affect the courage Of a Judge.
but only spurs him on 10 search mis-
conscience and 10 reach the result which
approves itself 10 his inmOst heart.
such comment seryes a 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 an, and who can not be
reached and made TO pause and deliber-
ate by hostile public criticism. In the
case of judges having a life tenure in
deed, their very Independence makes the.
right freely 10 comment on their decis-
ions OF greater importance, because IL
Is the only practical and available in
strument In the hands of free people
20 keep such judges alive 10 the reasons
able demands OF those they serve.
''On the other hand. the danger Of de-
stroying the proper influence Of judicial
decisions by creating unfounded pretu-
dices against the courts justifies and
requires that unjust attacks shall be
met and answered. Courts must ulti-
mately rest their defense upon the in
hercnt strength Cf the opinions they de-
liver as the ground for their conclusions
and must trust to the calm and deliber-
ate judgment Of all the people as their
best Viudication."
There Is one consideration which
should be taken into account by the
good people who carry a sound PROPOSE