Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1908-12-11

| Every time they interpret contract, prop.
liberty, they necessarily enact into law
parts of a system or social phiIisophy;
and as such Interpretation ts fundament-
al, they give direction to all law making.
The decisions OF the courts on economic
and 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
to those Judges who. hold to a twentieth
century economic and social philosophy
and not to a long Outgrown philosophy
which was itself tire product of primitive
economic conditions. OF course, a judges
views on progressive social philosophy
are entirely second in Importance To his
possession of "a high and fine character;
which means the possession of such ele~
mentary virtues as honesty, courage and
fairmindedness. Tho judge who ives his
election to pandering 10 demagogic Senti-
ments or class hatreds and preiudices.
and the judge who owes either his eiec-
ton or his appointment TO the money or
the favor OF "A great corporation, are
alike unworthy to sit on the bench. are
aiike traitors 10 the people; and no pro
humidity or legal learning, OF correctness
of abstract conviction on questions OF
public policy. can serve as an offset TO
such shortcomings. But it is also true
that Judges. like executives and legis-
lators, should hold sound views on the
questions of public policy which are or
vital interest to the people.
The legislators and executives are chos-
en- TO represent the people IN enacting and
administering the laws. The Judges are
not chosen 10 represent the people in this
sense. Their function Is TO interpret tho
laws. The legislators are responsible for
the laws; the judges for the spirit in
laws. We stand aioor from the reckless
agitators who would make the judges
mere plant tools OF popular prejudice
and passion: and we stand aloof from
those equally unw1se partisans of reac-
ton and privilege who deny the PROPOSE
ton that. as Judges are chosen
70 ~ n n farn0f - h
they should strive 10 find ont what those
interests are, and. SO far as they conscl-
entiously can, should strive to give effect
TO popular conviction when deliberately
and duly expressed by the l~awmaking
body.
The courts are to be highly commended
and ~staunchly upheld when they set their
faces against wrongdoing or TYRANNY by
a majority; but they are 30 be blamed
when they fail 20 recognize under a gov
eminent like ours the deliberate. iudg-
ment OF the majority as TO a matter or
legitimate policy, when duly expressed by
the Legislature. Such lawfully expressed
and deliberate judgmeD should be given
effect by the courts, save In the extreme
and exceptional cases where there has
been a clear violation OF a constitutional
provision. Anything like .frivolity or
wantonness in upsetiing such clearly tax
en- governmental action Is a grave offensO
against the republic. To protest, against
tyranny TO protect minoritfes from on
preston. to nuAtfy ar act committed i'm
a spasm OF popular FURY. !. to ender a
service 10 INC republic.
But for the courts TO arrogate 10 them
selves functions which properly belong to,
the legislative bodies is all wrong, and I'm
the end works mischief The people
should not be permitted TO pardon evil
and slipshod legislation on the theory
that the court VIII set 1t right: they
should be taught hat the right way to-
get rid Of a bad law Is to have the legis-
lature repeal ii, and not TO have the
courts by ingenious h~airsplttting nullify
II. A law may be unwise and improper;
but it should not for these reasons be.
declared unconstitutional by Il strained
Interpretation. for tine result Of such ac-
ultimately to destroy their capacity for
orderly self restraint and self govern
ment. Under such a popular government
as ours, founded an the theory that in
the long run the viii of the people is
supreme. the ultimate safety OF the na-
ing the people so that what they will
shall be right: and NOT in deyising means
to defeat their VIII by the technica!ities
or strained construction.
People 20 Blame.
For many Of the shortcomings OF jus
tee In our country our people as a whole
are themselves 70 blame, and The judges
and juries merely bear their share together
with the public as a whole. 1t is discred-
liable TO US as a people that there should
be difficulty in conNhctins murderers, or in
bringing to justice men who as public
servants have been guilty OF corruption.
or who have prof ted by the corruption OF
public servants. The result is equally un-
fortunate. whether dpe to hairsplitting
technicalities IN the Interpretation OF law
by judges, 10 s~enttraentality and class
consciousness on The part OF juries, or
to hysteria and se1Esationalism In the
daily press.
Real damage has been done by the
manifold and conflicting interpretations
OF the interstate law. Control
over the great corporations doing inter
state business can be effective only If IL
Is vested with fun power in an admins
tratlye department, a branch of the fed
erai executive. carrying out q federal
law; 1t can never be effective il a divided
responsibility is left TN both the states
and the nation; 1t can never be effective
II left in the haDds of the courts TO be
decided by lawsuits.
The courts hold a place OF peculiar and
deserved sanctity under sur form OF GOV
ernment. Respect for the law Is essen
tial To the permanence OF our ~institl-
tons; and respect for the law is largely
conditioned upon respect for the courts
IL Is an onense against the republic to-
say anything which can weaken this re
spect, save for the gravest reason ana
In the most carefully guarded tanner.
our Judges should be held in peculiar
honor; and the duty OF respectful and
truthful comment and criticism, which
should be binding when we spealxof any
body, should be especially binding when
we speak OF them.