The Cairo bulletin., 1906-12-05
PRESIDENTS MESSAGE
Concluded from Second Page)


habitually abused. whether In malter
Affecting labor or In matters affecting
corporations, II win be well.nlgh I'm
possible TO prevent It's abolition.
1t may be the highest duty OF
Judge a. any gwen momeRt to dlsre
gard, not merely the wishes OF indlyil
uals OF great political or financial po~
er, but the overwhelming tide of pub
lie sentimeat; and the Judge who
does thus disregard public sentimen
when IL is wrong, who brushes asl.
the plea Ct any special interes, whet
The pleading is no founded on right
eousness, performs the highest ser
vice to the country. Such Judge Is
deserving of all honor; and all honor
can not he paid to this wise and fear
less Judge II we permit the growth
of an absurd convention which would
forbid any criticism of the Judge OF
another type, who shows himself
timid in the presence of arrogant dis
order, or who on insufficient grounds
grants an injunction thar does grave
injustice, or who in his capacity as IA
construer and therefore in part a
maker, OF the law, in fragrant fashion
thwarts the cause of decent, govern.
ment. The Judge has a power over
which no review can be exercised. he
himself sits in review upon the acts
OF both the executive and legislative
branches of the Government save in
the most extraordinary cases he is
amenable oaly al the bar of public op.
inion; and 1t Is nnwise to maintain
that public opinion in reference to Il
man with such power shall neither be
expressed nor led
The best judges have ever been fore.
most to discIaim any immunity ON
criticism. This has been true since
the days of the great English Lord
Chancellor Parker Sho said: Let
all people be at liberty to know what
found my judgment upon; that. so
when have given in any cause.
others may be al liberty TO judge of
me" The prophecies of the case were
set forth with singular clearnesa and
good temper by Judge w H. Taf
when United States circuit judge,
eleven years ago, in 1896;
THE opportunity freely and pub
licly to criticize JUDICIAL action is of
vastly more importance to the body
polite than the immunity of con t.
and judges from uujVst asparis3ns
and attack. Nothing tends more TO
render Judges careful in their dec
sions and anxiouly to do exact jus.
tice than the consciousness that
every &C of theirs Is to be subjected
10 the int alligent scrutiny and candid
criticism of their felow.men. Such
criticism is beneficial in proportion as
1t is fair dispas ionate. discriminating
legal principles. The comments made
by learned text writer's and the
acute editors of the varions law re-
views upon judic al decisions are
therefore highly useful. Such critics
more or les impartial
tribunals of profession opinion be
fore which each Judgment is made to
stand or fall on its merits, and tlus
exert q strong influence to secure uni.
formity of decision. But non-profes.
sional criticism Is by no mean with
out its uses. even Ii aecompani cd, as
Il often is. by direct attack upon the
judicial fairness and motives of the
occupants of the beach; for If the law
Is but the essence of common sense, |
the protest of many average men may
evidence a defect in a judicial concl. |
sion, though based On the nices lie gal /
reasoning and pro,oundest learning, !
fhe two important elements of moral |
'haracter in a judge are an earnest |
iesire to reach a just conclusion ana |
courage 20 enforce it. In so far as /
lear of public comment does not af |
ect the courage OF a Judge, but only |
spurs him on 10 search his conscience /.
md to each The result which ap. /
proves itself TO his inmost 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
he respect of all and who can not b.
cached and made to pau and DELHI.
rate by hostile public criticism In
he case of judges having a life en-
ire, indeed, their rery Independent @
makes the right freely to comment on
heir decisions of greater importance.
'ecause Il is the only practical and
valuable instrument in the hands of
free people 10 Keep such judges
live to the REASONABLE demands of
hose they serve.
"On he other hand the danger OF
the proper influence Of
judicial decisions by creating nm
ounded premdices against courts jus-
ifies and requires nat unjust attacks
hall be met and answered CcIrts
1ust ultimately les; their defense
pom the inherent Strength of tine
pinions they deliver as the ground
Or their conclusions AMI must trust
D the calm and deliberate judgment
{ all the people as their best v.ndi
alton"
There Is one consideration VIII ch
hould BE- taken into account by he
God people who ca ry sound propD-
ition to an excess in Directing TO any