The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1908-12-10

Every time they interpret contract, prop-
erty. vested rights, due process Of law,
liberty, they necessarily enact into law
and as such Interpretation is 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 shah owe mose
to those judges who hold to a twentieth.
century economic and social philosophy
and not to a long outgrown philosophy.
which was itself the product Of primitive,
views on progressive social philosophy
are entirely second in Importance TO his,
possession pos, Of a high and. fine character;
which means the possession of such tie.
mentaTy virtues as honesty, courage ana,
fairmiadedness. The judgeswho owes his his.
ments or class hatreds and preiudices
ana the, judge who owes either his cleo
non or his appointment to the money or
alike unworthy to sit on the bench, are,
alike traitors to the people; and no pra-
of abstract conviction on questions Of
public policy. can serve as an offset to.
sven Snort sh9raeofnings But it is also true
lators, should hold sound views on the
qnestioas of public policy which are Of
vital interest to the people.
The legislators and executives are chas.
en- to represent the people In enacting ana
a ndm mister 1g the laws. The judges arsr
sense. Theirs function is to Interpret thss
laws; The legislators are responsible for
which they interpret and enforce the.
laws. We stand aioof from the recl5}ess
a agitato n,i,n who would make the judges
and passion: and we stand aloof from,
those equally, unwise partisans of reac-
ton that, inasmuch as judges are chosen
to serve the interests Of the whole people.
interests are. and, SO far as they consci-
entiously can, should strive to give efYece
to popular conviction when deliberately.
body.
The courts are to be highly commended
and staunchly Upheld when they set their
a majority; but they are to be blarneS
Mn 1,n 11ey fan to recognize under a gov
ment of the majority as to a matter of,
legitimate policy, when duly expressed BY
effect by the courts, save in the exfrene.
snd exceptional, cases where there has
provision. Anything like f~rivolity or.
wantonness in upsetting such clearly talk.
against the republic. To protest against
tyranny. to protect ninorities from OPP,
? pre preston d to n nullify an act committed In.
service to the republic.
But for the courts to arrogate to them
SS1NtS luilCiiouS winch DrODerfV belDHr n,
the legislative bodies is all wrong, and in
the end works mischief. The people,
should not be permitted to pardon evil.
that the court will set it right: they
should be taught that the right way to,
get stnr rid Of a bad law is to have the leg!s-
courts by ingenious hairsplitting nullify-
T.: a lay may be ulwise and improper:
declared unconstitutional by a strained.
iiterpretation, for the result of such ac-
large [lGg is t5 5e take SENSE sway y from oHno the PEOPLE at
ultimately to destroy their capacity FOR
orderly self restraint and SELF govern
as ours. founded on the theory that in
the long run the viii of the people is,
ton can only, rest in training and guild
ing the people so that what they VIII
sn ha y pe right, and not in d%evising means
70 aeleat their VIII by the technlcalities.
OF strained construction.
People to Blame.
For many Of the shortcomings of jus
tlce IN our country our people as a whole
and juries merely bear their share togetRer-
With the public as a whole. It is discred-
be difficulty in CONFLICTING murderers, or in
bringing to JUSTICE men who as public
or v ha naSe pro osen fbs y fSe Of eoT eorr@lpt,o NJ
public servants. The result is, equally ln-
fortunate. whether due to hairsplitting
by judges. to sentfmentality and class
consciousness on The part Of juries, or
to hysteria and s~ensationalism 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 II liz
IS vested with fun power in an admins
IrailVe department, a branch Of the fed
erai executive, carrying out a federal
responsibility is left in both the sta tesE
ana the nation; it can never be effective.
II left in the hands of the courts to be-
DECIDED by lawsuits.
deserved %sanctity under our form OF gov
eminent, Respect for the law Is essen
tial to the perInanence of our ~institu~
IONS and respect for the law is largely
Gonaltloned upon respect for the courts.
IL is an oTense against the republic to-
spect, save for the gravest reason and
IN the most carefully guarded manner.
Our judges should be held in peculiar
nonor: and the duty of respectful ans
truthful comment and criticism, which
snouid pc binding when we speak of any
we speak of them.
< CONSERVATION n
Z or RESOURCES X
II there is any one duty which mors.
IMAM another we owe 1t to our children
ana our children's children to perform
at once. 1t Is to save the forests of this,
country, Tor they constitute the first and
most important element in the conserva-
tlon OF the natural resources of the coun-
III W. n RI m ~ ~,y-~ - N-,~ 1.-l D