The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1908-04-25
THE /" DEMAGOG CLAMOR."

'The demagog clamor' says the Washington Post
for jury trial in contempt is nothing but the ap
pcation of the referendum to the administration of
JUSTICE
Uerances like this that our courts are mracu
lous conceptions sprung ful-armed from the brow of
god and above both the criticism and the control of
the people-who called always ''the mob" The peo
pie the mob If you please created the courts Judges
are no less servants Of the people than congressman and
street cleaners. In fact the only of
Tor the purpose of keeping society clean from social
filth. It's work just honorable as that of the scaven
ger who keeps purified from typhoid fever, and no
more
We the people, 'the mob who pay the taxes and live
under the courts create, have right to have the
of courts want We have in the last analysis the right
to have the sort of decisions want We have the right
to the trial by jury in all in which believe it will
be better for to have than to have judges try We
make courts and have the right to make them
We may not desire to do it, but we can and will if we
desire.
over. We may not desire to do it, but and will
if we desire.
1.-THE writ of Injunction" says the Post, "is centuries
old" So is the trial by jury But the writ of Injunction
out of the brains of yrant serving monks who sought
to ste liberty in the old Star Chamber The trial by Jury
was means of taking referendum to the people
the question Of mans right to liberty That what
wasthe Post is right about that. Let's not shy at a
word. 1t referendum. 1t based the thought
tItt Is HOl wei 10 lmpfSOn man when the sentiment
OF the people of his community favors his being free
The old theory that better alive than
hanged when his neighbors called jurymen wanted him
spared So they called jury 'of the vcinage and left
it to them.
The jury trial that all lovers of freedom in Europe and
America have conended for necessary to keep from
under the tyranny of kings and the subtle tyranny
OF precedent worspng judges, has always been refer
endunl. 1t was five centuries ago. 1t 50 when
John signed Magma Charta 1t when liberty and
the love of liberty set Boston fire before Bunker HILL
1t when Patrick Henry from jury case that
would have been lost before judge in the "Parsons
Cases. And in all these there were tories and
standatter and putes who cried out against the rule of
the people, and called the people the mob as does the
Washington Post.
The only administration of law that fears the Jury
system is an administration of tyranny
And theory of the law that claims for the courts SUI
peroty over the people, denies the responsibility of the
courts to the settled will of the people, seeks to set up
judicial system less democratic than our legislative or
executive branches is dangerous The Jury system has
been for ages great democratic buwark against the
tendency OF judges to make offenses by clubbing
things as crimes that not wrong, that are not be-
eved wrong by the people, and when the people select
jury to try cause whether it is for contempt or petty
larceny that jury is sacred agency for democratic JUS
tce. 1t is not mob, the tool of mob The man who
calls 1t so attacks the jury whole and sets himself
against American law