The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1906-12-08

assume a mstter-of-fact course granting
oI PRELIMINARY Injunction to be tn
ordinary and proper judicial disposition
or such cases; and there have undoubt
eoiy been nagrant wrongs committef
oy judges in connection with labor ais
putes even within the last few years
SItho'l think much less often than n
Iormer years. Such judges by their nm.
wise action Immensely strengthen m,
hanas or those who are striving entirely
20 40 away with the power of Injunction
snu therefore such careless use Of thu
~nJuncuve process tends 10 threaten II,
very existence, for IL the American peo.
pIe ever become convinced that this
process is habitually abused, whether in
matters Affecting labor or in matters az.
hecIlhg corporations, Il win be well-nigh
impossible to prevent its abolition.
Criticism Of the judiciary.
II may be the highest duty of a ,,,dso
az ahy gwen moment to disregard, moi
merely the wishes of individuals of
bLeat poltlcal or financial power. but
Sne overwhelming tide OF public senti-
aal, ana the judge who does thus dis
regard public sentiment when 1t Is wrong
VINO brushes aside the plea of any spe.
Slal interest when the pleading Is not
h1uhoed on Righteousness, performs the
nIBnest service to the country. Such a
Judge is deserving of ali honor. and al
non9r cannot be paid to- this wise and
IsarlesS ;S5ss IL we permit the growth
~ an absurd convention which would
otber any criueism of the judge of an
~ presence OF arrogant disorder. or
VINO on insufficient grounds grants an IN.
yIhetion that does grave injustice, or
tba1 ~ hs capacity as a construer, and
tneaeIore IN part a maker OF the law
a. Migrant fashion thwarts the cause az
uecent government. The fudge has a
pHwst over which no review can be exer-
acts of both the executive ana fien,sIn
i've branches of the government. saw
IN the most extraordinary cases he he
i Snenaole only at the bar of public opin-
Ion ana II is unwise TO maintain tbat
PUBIC opinion In reference 10 a mar
nor led. "e''"er oe exprest
The best judges have ever been FORE
criticism. This has been true sjro. IN ~
gays OF the great English Lord ChanceI'
LOT Farker, who said. Let ali neocIa
Is AT leerty to know what found nv
SgiSsa nght upon; that. so when I have
iktsen ~ w any cause. others may be AZ
noerty to Judge Of me" The nronrjetias
oi we Ease were set forth with s~ineuier
SIedTness and good temper by Judge w
iudee wnen a United States circuit
Juuge' II years ago. in 1895.
Inc opportunity freely and ruhI,o,u
~ critlclze judicial action is Of vastiy
more Importance to the body polite thar
,iniust lunl1y OF courts and Judges from
unjust aspersions and attack Notbtng
.SHus more to render judges careful i5
thelr decisions and anxioIslv soIIcito,,n
70 40 exact justice than the conseiouss
va every act of theirs is to be
SUBJECTED 10 the intelligent s%crutinv snd
eandid criticism of their feIiow.man
ouSn criticism is beneficial In nronortion
az " is tair, dispassionate iscrimtnating
r paSeu on a knowledge OF sound Legal
principles. The comments mada b,
learned text writer's and bv the aouIS
euiiors or the various law reviews nnor
judicial decisions are therefore bigbJi,n,
80 sueh critics constitute more or
impartial tribunals of nrofaesionoI
opinion before which each is,don,ant e.
10 stand or fall on It's merits ana
nus exert a strong influence 10 sacIra
liopSI Tin NY o. decision. But non-profes-
without Its uses. even II ecomner iaS a ~
y oIten is, by a direct attack IInor ~
uulclal fairness and motives OF fhe occ,,
jSan's OF tne bench; for If the law "a bt,t
est Of man od common sense, the pro-
~ many average men may evjdence
usiect N a Judicial conclusion. tho
'aseu on the incest legal REASONING and
iLeymronIn19aest learning, The two important
leHlents OF moral character in ! i,,5mN
ne an earnest desire to reach q Inst
oncIuslon and courage to enforce II In
oiar as fear of public comment does 80
p mgrs line 5he courage Of a Judge, but only
IA r. I'm on 70 search his conscience
~ 20 reach the result which approves
sen TO MS inmost heart, such commenf
eIHes . usetul purpose. There are few
gor w " 9 they are judges for life
am ava 1hn erJ term, who do not prefer
aIn ana hold the respect Of all, and WIN ,
a1h9t pc reached and made to nauae F,
deliberate by hostile public cTitIcism !
: sns case or judges having a life tenure
~ thesr very independence makes
10 Ilgnt freely to common on their
sessions OF greater Importance. becaSea I
70 tne only practical and available in a
rument In the hands of a free peonia {
bIsa esp such Judges alive,t to the reason
oe demands of those they serve
.On the other hand, the danger NJ a.
me proper Influence Of judicial a
LESSONS by creating unfounded nreiu- |
~ aSsnnst me courts ~justihes and re- s
IIes mat unjust attacks Shall be met I
lo answered. Courts must ultiTna tt ~ i
ISL their defense upon the inbsreny {
rength OF the opinions they deliver az I
e stouna Tor their conclusions and o
Indication" '"eir pest =
sound Judgment of the People. $
There is one consideration which shor,a =
taken lnto account by the good peonle o
no carry a sound proposition to an eY- a
~ - oDJscunB 70 any criticism Of n Z
people as a whole is soJrd 'ns !
IS matter. They will not subscribe 10 q
doctrine that any public servant ~ =
u, oe ABOVE criticism. If the best cit9 4
judgment In such matters press 2
owe all those belonging to the great Ssd q
u nrnSaWre profession OF the bar, T,
PROFOUNDLY Influential in Americas r
TAKE the position that there shall he :.
criticism OF a Judge under anv cir ~
instances, their view will not be ae- q
.pose ~ ne American people as a n
lole. IN such, event the people will 4
to, and tend to accept as justiAabla II
{ incorporate and improper criticism ~
cred by unworthy agltators. Surely y
70 = misfortune To- leave to such crit. "
a function, right In itself, which thev y
certain 70 abuse. Just and temperats y
ticlsm' when necessary, is a safeguard -
alnst the acceptance by the peonle =.
d. wnoie OK that Incorporate antag- =,
comeatsd by every right-thinkire Y
IN, and which, II II become wIdeSpread Is
long the people at large. would conan. g.
. a dire menace TO the republic. o.