Weekly journal-miner., 1908-12-16

worthy to sit on the bench, arc alike traitors to the people. and no pro fuudity of legal learning, or correct Ur.s uf abstract conviction on qucs' lions of public policy, can serve as an
 r.ct to such shortcomings Hut it is| ai-o true that judges, like executives and legislators should hold sound view. on the questions of public policy v mich are of vital interest Co Inc Pco
 plc
 The Legislators and executives are chosen to represent the people m on. acting and administering the laws.
 The judges are not chosen to represent the people in this sense. Tacir funrt ion is to interpret the laws. The leg
 islntors are responsible for the laws; The judges for the spirit in which they interpret and enforce the laws. We stand alpof from the reckless agitators who would make the judges mere phant tools of popular prejudice and passion, and we stand aiouf from those equally unwisc pnrtis1ns of reaction and privilege who deny the proposition that, inasmucn as judges are chosen to serve the interests of the whole people. they should strive to find out what those interests are, and. SO far as they conscicntiou-ly can. should strive to give effect to popular con. viction when deliberately and duly expressed by the lawmakiug body. The courts are to be highly commend. cd and Staunchly upheld when they set their faces against wrongdoing or tyranny by majority; but they are to be blamed when they fail to rccog
 niZc under a government like ours tie deliberate judgment of the majority as Co matter of legitimate policy, when duly expressed by the legisla turc. Such lawfully expressed and dc | libcratc judgment should be given effect by the courts, save in the cx. treme and exceptional cases where there has been a clear violation of q constitutional provision. Anything ! like frivolity or wantonncss in up. citing such clearly taken government al action K grave oifensc against the
 Republic. To protest against tyranny, tn protect minOritios from oppression. tO nullify an act committed in n spasn
 of popular fury, is to render service
 Go the Republic. But for the courts
 tu arrogaic to themselves functions
 which properly belong to tac lcgisll tive bodies k all wrong. and in thc end works mischief The people should not hc permitted Co pardon evil and
 slip-hod Legislation on the theory that
 thc court will set it right; they stuJld he taught that the right way
 tn get rid of bad law is to nave Inc
 legislature repeal it, and not to have
 thc courts by ingenious hairsplittiup nulhty it. X law may be unwsc and
 improper; but it should not for these reasons be declared uucOnstitutioua iv a strained interpretation. for th,
 result of such action is to take away
 from tnc people at large their sens,
 of responsibility and ultimately Co
 destroy their capacity for orderly sell
 restraint and self government Under
 such popular government as ours
 founded on the theory that m th,
 long run the will of the people k su
 prcmc, the ultimate safety of tde Va tipn can only rest in training and
 guiding the people so that what they will shall he right. and not in devis ing means to defeat their will by th,
 tcchnicalitics of strained construction
 For many of the shortcomings oi
 justice in our country our people q, a whole are themselves to blame, and
 the judges and juries merely bcai their share together with the pul,li,
 as a whole. It is discrcditable to n. as a people that there should be dim culty in cOnyicting murdercrs. or in
 bringing to justice men who as publi,
 servants have been guilty of corrup ton. or who have prodtcd by the cor ruptiOn of public servants. The re suit is equally unfortunate, whethe
 due to hairsplitting technicalities il , the interpretation of law by judges to sentimcntality and class conscious ' ness on the part of juries. or ny hys teria and scnsationnlism in the dail, press. For much of this failure ol justice no responsibility whatever lie on rich men as such. We who mak, up the mass of the people can mol shift the responsibility from our owi
 shoulders. But there is an importan , part of the failure which has special, tO do with inability to nold to pro
 per account men of wealth who bc have badly.
 The chief breakdown is in dealin. with the new relations that arise iron , the mutualism, the interdependence oi our time. Every new social relation bcgcts new type of wrongdoing- of sin, to use an old.fashioned word
 and many years always elapsc bcfor, society is able to turn this sin int,
 crime which can be effectively pun 1, ishcd at law. During the lifetime oi 7 the older men now alive the soeia , relations have changed far more rap idly than in the preceding two cen ,, turies. The immense growth of cor porations, of business done by associ ations, and the extreme strain ant pressure of modern life, have produc
 cd conditions which render the publi, confused as to who it's really danger ous foes are; and among these publi, servants who have not only shared
 this confusion, but by some of thei
 acts have increased it, are certain judges. Marked inefiiciency has beer |, shown in dealing with corporation and in re-sctting the proper attitud to be taken by tho public not only to g wards corporations, but towards labor ' and towards the social questions aris ing out of the factory system. and tb,