Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-12
By D A VID ]. BR E. WEIR
Associate Justice of the UnhadS sessup Court

meeting 1t would be far better if they gave him
a free hand, for with few general rules of pro-
cedure he would be far more likely to enforce
justice, and enforce it promptly.
Take single illustration: We hear no little of
the wrong done by the Federal court in interfering
with the administration of the criminal laws of the
several States But Congress, which has power in
the matter, has by statute prescribed that the
inferior of the United States shall issue writs
of habeas corpus in all cases of alleged restraint in
conflict with the Constitution, and given to the
petitioner upon the dismissal of the writ an abso-
lutte right of appeal to the Supreme Court. Al
though he makes the most frivolous excuses in his
petition, and it is promptly denied by the inferior
Federal court, he may delay the execution of the
State law by simply asking for an appeal to the
Supreme Court of the United States.
The attention of Congress has been called to
this in opinion of this court and by frequent
conversations with Senators and Representatives
but change has been made or sought to be
made in this congressional legislation. Of course
the judges cannot be blamed for delay
quent upon such grant of power by Congress.
But the most severe attacks when the litiga-
ton touches more than the parties to the action
and indirectly affects the rights and interests of
many, when without affecting such interests it
involves an appeal to popular wrath or sympathy.
Long Tenure in Office
THERE is undoubtedly a belief on the part of some
that long tenure in judicial office is against the
true theory of popular government and there is in
consequence clamor that the judicial term of
office shall be reduced to brief period l had
occasion circuit judge to decide matter involv-
ing the prohibition laws Of Kansas, and decided it
against the convictions of the RAJ al advocates of
prohibition, whereupon the leaders ct in conven-
ton and passed a resolution demanding that Federal
judges should be appointed elected for only one
year The judges of the Federal courts, as well as
of the courts of two three States, appointed
for life, which ntensfes the clanor against them
Yet the very persons who have this feeling in
respect to judicial decisions would shrink from
carrying it to its logical result. They would at first
distrust and soon despise judge whose decisions
were always in favor of one set of men party.
A man may be never so strong partizan, and yet
he not unnaturally begins lose confidence in the
integrity of judge who is deciding all cases in
favor of his party. There is conviction which can
not be put side that partnership the part
of judge is grievous wrong. For instance, nothing
has happened to shake the confidence of the Aneri-
can people in the Supreme Court of the United
States much the fact that on the Electoral
Commission the judges divided according to politics
There is good deal of joking in the papers about
the closeness of the vote in important in the
Supreme Court. Five to four provokes many jest.
Now, if the five to four was maintained on party