Bismarck daily tribune., 1908-12-09

dictiveness and disregard for the
rights Of the minority, is particularly
blameworthy. The several legislatures
are responsible for the fact that our
laws are often prepared with sloYenly
haste and lack Of consideration.
Moreover, they are often prepared and
still more frequently amended dur
Ing passage at the suggestion Of the
very parties against whom they are
afterward enforced. Our great clus-
ters Of corporations, huge trusts and
fabulously wealthy multimillionaries
employ the very best lawyers they can
obtain to pick flaws in these statutes
after their passage, but they also em-
ploy class of secret agents who seek
under the advice of experts to render
hostile legislation innocuous by making;
1t unconstitutional, often through the
Insertion of what appear on their face
to be drastic and sweeping provisions
against the interests Of the parties in
spring them, while the demagogues,
the corrupt creatures who introduce
blackmailing schemes to strike" cor
pOrations and all who demand ex-
freme and undesirably radical meas
ures show themselves to be the worst
enemies of the very public whose loud
mouthed champions they profess to be.
A very striking illustration of the
consequences of carelessness in the
preparation of statute was the en-
ployers' liability law Of 1906. In the
cases arising under that law four out
of six courts Of first instance held it
unconstitutional, six out of nine JUS
dces Of the supreme court held that
Its subject matter was within the
province Of congressional action, and
four of the nine justices held 1t valid
1t was. however, adjudged unconstitu-
tional by bare majority of the court
five to four. 1t was surely a very
sloyenly piece of work to frame the
legislation In such shape as to leave
the question open at all.
Real damage has been done by the
manifold and conflicting interpreta-
tions Of the interstate commerce law.
Control over the great corporations do
ing interstate business can be effective
only if it is vested with full power in
an administrative department, a branch
Of the federal executive, carrying out
a federal law. 1t can never be eff
fective If a divided responsibility is
left in both the states and the nation.
It can never be effective if left in the
hands of the courts to be decided by
lawsuits.
The courts hold place of peculiar
and deserved sanctity under our form
of government. Respect for the law is
essential to the permanence of our in
stitutions, and respect for the law is
largely conditioned upon respect for
the courts. 1t is an offense against the
republic to say anything which can
weaken this respect save for the grav-
est reason and in the most carefully
guarded manner. Our judges should
be held in peculiar honor, and the duty
Of respectful and truthful comment
and criticism, which should be binding
when we speak of anybody, should be
especially binding when we speak Of
them. On an average they stand
above any other servants of the COM
munity. and the greatest judges have
reached the high level held by those
few greatest patriots whom the whole
country delights to honor But we
must face the fact that there are wise
and unwise judges, just as there are
ufSn an6 y1nHryicn MI
lators. When president or governor
behaves improperly or unwisely the
remedy is easy, for his term is short.
The same is true with the legislator,
although not to the same degree, for
he is one of many who belong to some
given legislative body, and it is there
fore less easy to fix hts personal re-
sponsibility and hold him accountable
: therefor. With a judge who, being
human, is also likely to err, but whose
tenure is for life, there is no similar
way Of holding him to responsibility
Under ordinary conditions the only
forms Of pressure to which he is in
any way amenable are public opinion
and the action Of his fellow judges. It
Is the last which is most Immediately
effective and to which we should look
for the reform Of abuses. Any remedy
applied from without Is fraught with
risk. 1t is far better from every stand
point that the remedy should come
from within. In no other nation in the
world do the courts WELD such vast
and farreaching power as in the Unit
ed States. All that is necessary is that
the courts as whole should exercise
this power with the farsighted wis
dom already shown by those judges
who scan the future while they act in
the present. Let them exercise this
great power not only honestly and
bravely, but with wise insight into
the needs and fixed purposes of the
people, SO that they may do justice and
work equity, so that they may protect
all persons in their rights and yet
break down the barriers Of privilege,
which is the foe Of right.
PROTECT THE FORESTS.