The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1908-12-10


Every time they interpret contract. pyon~
erty.. vested rights, due process OF law.
liberty, they necessarily enact into hvs
parts o. 9 system OF social philosophy
ana as such Interpretation is ~flndament-
a, they give direction to all law making.
The decisions of the courts on economics,
ana social questions depend upon their
economic and social philosophy; and for
the peaceful progress of our people during
the twentieth century We shall owe most
e &c t ! Su1ges who hold 70 q twentieth
and not to a long outgrown philosophy
which was itself the product OF primitive
economic conditions. or course, a judges
views on progressive social philosophy
are entirely second in Importance to his.
Possession OF q high and fine character;
mentary virtues as honesty, courage and
fairmindedness. The Judge who owes his
eiectlon TO pandering to demagogic sentt-
ments or class hatreds and prejudlces.
and the Judge who owes either his eiec.
uon or his appointment to the money o.
s1sle Iayor OF q great corporation. are
alike traitors to the people: and no prn1
tundity OF legal learning, or correctness
n,hi ni noN CONVICTION on questions OF
such shortcomings. But 1t Is also tr,so
mat judges, like executives and Iegis-
questions of public policy which are oP.
VITAL interest to the people.
The legislators and executives are chos-
en- 70 represent the people in enacting and
administering the laws. The Judges are
NOT CHOSEN to represent the people in this
sense. Their junction Is to interpret the
laws; The legislators are responsible Tor
the laws; the judges for the spirit in
which they interpret and enforce the
aritator we w stand w alGSf from the reckless
mere plant tools of popular prejudice
and passion; and we stand aIoof from
ton and privilege who deny the proposi-
ton that, tnasmuch as judges are chosen
to serve the interests of the whole people
interests are. and, so far as thew consci-
entiously can, should strive to give effect
to popular conviction when Deliberately
body. - s
Tn courts are to be highly commended
snd upheld, when they set their
Q majority. but they are to be blamed
when they fail to recognize under a gov
ernment Ike ours the deliberate j1dg-
legitimate policy, when duly expressed BY
the legislature. Such lawfully expressed
effect by the courts, save in the extreSn ~
and exceptional cases where there has
been a clear violation of a constitutionai
wantonness In upsetdng such clearly taL-
en- governmental action Is a grave offensa
against the republic. To protest against
preston, to nullify an act Committed IL
a spasm Of popular fury, is to render a
service to the republic. 81
selves functions which properly belong to
the legislative bodies is ali wrong, and ia
s she epd no works r. misehief. h people
and slipshod legislation on the theory
that the court will set 1t right: they
get rid OF a bad law is to nave the Iegis1
lature repeal It, and not to nave fha
by ingenious hairsplitting nuliify
but it should not for these reasons 81
unconstitutional by a strained
Interpretation. for the result of such ac-
large their sense S"& Of resp respo 9af bRffSPie ana sf
to destroy their capacity for
orderly self restraint and self govern
as ours, founded ON the theory h a In
the long run the will OF the people is
supreme, the ultimate safety Of the ma
tion can only, rest in training and guid.
ING the people SO that what they Will
shaii pc right and not In devising means
Oh strained construction.
People to Blame.
For many OF the shortcomings OF Jus-
tee In our country our people as a whole
are themselves to blame, and the Judges
with the public as a whole. 1t is discred-
table TO US as a people that there SHOULD
pc difficulty in convicting murderers, or In
servants have been guilty of corruption.
Or who have profited by the corruption OF
public servants. h result is equally n
eASNAAS NAO W uI IHk
technicalities in the Interpretation OF law
by judges, to sentimentality and class
Consciousness on the part of turies. Or
70 hysteria and sensationalism In the
1aily press. -
Real damage has been done by the
manifold and conflicting interpretations
II the interstate law. Control
lver the great corporations doing inter-
tate business can be effective only II IL
8 vested with full power in an admins
ratlVe department, a branch of the fed
executive, carrying out a federal
aW; 1t can never be effective IL q divided
responsibility Is left In both the states
ma the nation; 1t can never be effective
I lert In the hands OF the courts to be
iecided by lawsuits.
The courts hold a place of peculiar and
reserved sanctity under our form OF gov
Respect for the law is essen
ial To the permanence of our institu-
Ions; and respect for the law is largely
upon respect for the courts.
[ Is an onense against the republic to
ay anything which can weaken this re-
pect, save for the gravest reason and
n the most carefully guarded manner.
)ur judges should be held in peculiar
lonor; and the duty of respectful and
ruthtul comment and criticism, which
MOULD be binding when we speak of any
'ody, should be especially binding when
ve speak of them.