The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-26

tho overwhelming tide of public sonH
mput. and thp judge who docs thus ua
regard tlv public sentiment when i /.
wrong who brushes usid, the ploa u.
amy special interest when the pleading
De- mot founded on righteousness. per
forms ihp highest service To the cuuu.
try Such % judge BIS desc rving of 400
honor and 400 honor cannot be- paid to
lhis wise and fearless judge II we per
init the growth of nn absurd convention
which would forbid amy criticism of thp
judge of another type. who shows him.
self tImid iu the presence of arrogant
disorder or who ON insufficient grounds
grants mn injunction that does grave in.
Justice. or who in his capacity Of con.
strucr and therefore IN part maker of The
laws. i'm fragrant fashion thwarts the
cause of decent government The Judge
has power over which no review can be
exercised he himself sits in review upon
the nets OF both the executive and lcgis-
latvo branches of the Government: save
in the most extraordinary cases he is
amcuablc only at the bar Of public opin-
ion. and IL is unwise to maintain that
public opinion i'm reference to a man With
such power shall neither be exprest nor
led
I N' U-Nl IN'AfN nave fNtl UftIl lori
most to disclaim any immunity from cri.
ticism. This has been true since the days
Of the great English Lord Chancellor
Parker who said Let all people be at
liberty to knowswlmt ! found my iudg-
ment upon that so when / have given
it in any cause. others may be at liberty
to judge Of me-" The proprieties of the
case were set forth with singular clear
ness and good temper by Mr. VIM. H.
Taft when United States Circuit Court
Judge eleven years ago. if 1898.
QUOTES JUDGE TAFT.
"The 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 aspersons and attacK. Nothing
tends more to render judges careful in
their decisions and anxiously solictous to
do exact justice than the consciousness
that every act of theirs is to be subjected
to the intelligent scrutiny and candid cri-
ticism of their lellOwmen. Sucl criti-
cism is beneficial in proportion as it is
fair dspassionate, discriminating and
based on a knowledge of sound legal prin-
ciples. The comments made by learned
text writer's and by the acute editors Of
the various law reviews upon judicial de
cisions are therefore highly 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 n
strong influence to secure uniformity of
decision. But nOn-professional criticism
also is by no means without its uses, even
if accompanied, as it often is, by a direc-
attack upon the judicial fairness and mo-
tives of the occupants of the bench; for
if the law is but the essence of common
sense, the protest of many average man
may evidence n defect in a judicial con
clusion, tho based on the incest legal
reasoning and profounded learning The
two important elements of moral charac-
ter in a judge are an earnest desire to
reach a just conclusion and courage to
enforce it. In so far as fear of public
comment does not affect the courage of n
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 to earn and hold the res
pect of all, and who cannot be reached
and made to pause and deliberate by hos