The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1907-10-05
JUDGES NOT BEYOND CRITICISM.

leaders, and the Republican press pro-
fessed to be shocked because the Demo-
cratic convention in Chicago criticised
certain actions of our Federal court.
out the country that an assault had
been made by the Democratic party
upon the courts of the country. Those
responsible for the platform which
criticised the courts in that year were
referred to much as traitors would be
spoken Of. The Republican press and
Republican speakers assumed that
new and strange and unjusti1able
course had been taken by the Demo-
cratic party. They forgot, If they ever
knew. that the campaign of 1896 so far
as criticism Of the courts was con-
cerned was moderate and conservative
compared with the campaign that JET
ferson carried on against the Supreme
Court in 1900.
Things have changed since 1895. A
few days ago business and profess
sional men received in their mail a
little yellow covered pamphlet pre-
pared by the Standard Oil Company.
The pamphlet was sort of statement
purporting to be prepared for the en-
ployees and stockholders Of the COM
pany. The pamphlet was given up to
a statement made by the president of
the Standard Oil Company of Indiana
and large number Of clippings from
newspapers throughout the United
States. The statement Of the Stand
ard Oil Company was in toto a criti-
cism Of Judge Lands, dealing with his
attitude before the trial, during the
trial, and after the trial. The clippings
were from papers friendly to corpor-
ate interests, and these also criticised
Judge Lands in severe terms. Here
we have the largest corporation Of
the country attacking through it's off,
GERS a Federal Judge in connection
with his duties as Judge. The clip
pings which criticise the action of the
judge are taken from the same news
papers which in 1896 were Mortified at
Bryan and the Democratic platform.
So much by way Of review.
We do not believe that any branch
of the government Of a state or of the
nation Ia ~t4o =
the criticism of the people Somehow
in recent years an impression has
gained a foothold that courts are some
thing sacred. In a large measure this
impression is founded upon a sub
stantial basis. Fortunately the courts
Of the states and the nation have as
a rule been above criticism. They are
entitled to and do receive the conf
dence and respect OF the people. but
they are not and never should be ex-
empt from the scrutiny and criticism
OF the people. The Judiciary of the
country Is but one Of the three CO.
ordinate branches. It's work reaches
and affects the people equally with the
legislative and executive departments.
The people elect legislators to enact
laws and executives to administer
them Judges of the state courts are
elected by the people and judges Of
the federal courts are appointed by the
executive power to interpret and en-
force laws.
Just now the question of what power
the judges ought to have to set aside
and nullify the acts Of legislators is an
important question. Federal courts
nullify the acts Of state legislators by
granting injunctions against rate laws.
In the orders granting in1unctions they
question the intelligence and the mo-
tives of the legislators of the different
states. Those who think that federal
Judges can thus nullify the acts Of tn.
legislatures of the states and defeat
the will OF the people without in the
end being subject to the criticism and
the will Of the people are mistaken
The courts may say that the acts Of
the legislature are unconstitutional but
they are. mistaken If they think that
there is no power in this country to
say whether the courts are constitu-
tional or not. Indeed, one of the ablest
Judges Of the United States. although
only a state Judge. Chief Justice Clark
Of North Carolina, asks In the current
number Of the Independent whether
the Supreme Court is constitutional
and answers his own question in the
negative. He finds nothing in the Con-
stitution to warrant Judges in vetoing
acts Of Congress and he denies that
this authority is conferred by necessary
implication. He thinks the Supreme
Court has usurped this power and has
rewritten that section OF the Constitu-
ton which makes the three branches
Of the government coordinate and
equal Students ~ constitutional h;e