The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-09-07

TO decided each case upon It's merltS-
1t must be remembered, TOO, that IN
cases of indirect contempt, the charge |
is a criminal one and that the punish |
ment is by fine or imprisonment All |
the reasons that apply 70 criminal !
cases apply to these cases of Indirect |
contempt, and the abuses to be re-
moved by the proposed law are those |
that have grown up because -of-the IN |
creased tendency of the great corpor-
ations to use the writ of injunction TO |
avoid the jury trial
Trial by Jury Not by Judge.
The Democratic platform proposes
no interference with the right of the
judge to decide the cases OF direct
contempt-contempt committed in the
presence of the court; neither is 1t pro-
judge to determine the punishment for
indirect contempt. All that is sought
is the substitution of trial by jury for
trial by judge when the violation OF
the courts decree must be estabhsheo
by evidence.
Not only is the prosecution for con-
tempt criminal prosecution, but there
is even more reason for jury than IN
the ordinary criminal case. In the
criminal court the judge acts in
judicial capacity only. He is not re-
sponsible for the law which is being
enforced in his court, and therefore ne
has no personal grievance against the
defendant, and not being the prose-
cutor in the case, he does not feel a
personal interest in the result of the
trial; but in a contempt proceeding the
judge is the laWmaker and public
prosecutor as we'll as the judge. 1t IS
the judges order which the accused is
charged with violating, and 1t is the
judge who appears to prosecute the
case, upon which he is to render de-
cision. In our federal and state con-
stitutions we have carefully separated
the three departments OF government,
and each department is Jealous or any
encroachment upon its sphere OF ac-
tiVity. The judge reSentS any attempt
of the legislator or of the executive to
usurp the functions of the court; the
executive reSentS any attempt OF the
court or of the laWmaker to enter his
domain. and the lawmaker is equally
inSiStent upon the preservation or MS
independence. If there is any time or
place where jury is needed, it is in a
case of indirect contempt. II Is not
strange that abuses have crept IN, Tor
a man would have to be more than
human to unite in himself the delibera-
ton of the legislator, the zeal OF the
public prosecutor and the 1mpartlallty
of the judge.
While the laboring men have been
the first to complain of this denial of
the right of trial by jury in cases of
indirect contempt, it ought not to be
considered labor question. The
jury system is so essential to the adj
ministration of justice that the subject
ought to appeal to all who make
study of the science of government If
citizens would only on their guard
against the beginnings of evils, 1t
would be very easy to apply necessary
remedies, but in the struggle for exist
ence the voters are often Indifferent
to the application of an erronerous
principle until repeated applications
establish a custom, and in time a Gus
tom crystallizes into law. 1t behooves
us, as lovers of our country and as
the friends of liberty, to insist upon
the independence of the different de
partments of our government and
upon the maintenance of the rights
which have been shown by experience
to be essential to freedom and self
government The Jury system must
be preserved, and we cannot hope to
preserve it If, for any reason or I'M
der any pretext, we permit any citizen
to be denied the protection which it
furnishes.
Conscience Must Be Free.
According to the Declaration of In
dependence, governments are insti-
tuted among men to secure to them
the enjoyment of their inalienable
rights. Among these inalienable
rights, three are specifically enumer-
ated-life, liberty and the pursuit of
however. are really part of the first,
for life means nothing to the indi-
vidual if it is confined to mere animal
existence. Man is distinguished from
the brute in that the latter merely
eats and sleeps and dies, while man
is endowed by the Creator with in
finite possibilities. Liberty is neces-
sary for the realization of mans pos
sibilities. His conscience must be left
free that he may fix for himself the
relation between himself and his God.
His mind must be left free that he
may devise and plan for himself, for
his family and for his fellows His
speech must be free that he may give
to the world the results of his investi-
cations and present to others the ideal
which he is trying to realize in his
work. His pen must be free that he
may scatter seed thoughts to the ut
termOst part sof the earth and leave
to poSterity a record of his work. He
finds in government the cheapest. as
we'll as the surest ~-A'~-- of this
liberty, to be, to think. to speak, to
act.
And what constitutes the pursuit of
happiness? Man must have home and
friends-fa mily and society. He must
have food or he will starve. He must
have clothing and shelter; he must
have books. he must have Instruments
with which to work. He must provide
during the period Of strength for the
years when age dulls his energies and
benumbs his hands He may have
a bition. he may have willingness to
work ana an environment spurs
him on: but the government may en-
courage or it may discourage his eff
forts. Government may bid him nope
or leave him to despair.
When I visited the valley of Jordan 1
learned that 1t is fertile and produc-
tive and yet. instead of being culti-
waited like the valley of the Nile. vast
stretches of territory lie untitled. Why?
I was told that under the reign of the
Sultan the toiler is not protected in the
enjoyment of the fruits of his soil If
the farmer plants and tends his crop.
the rowing Bedouins will sweep down
from the hills at harvest time and carry
away the fruits of his industry.
If the government does not assure to
the individual the enjoyment of the re-