The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-11

Every time they interpret contract. prop
erty, vested rights, due process or law.
liberty, they necessarily enact into law
parts of a system of social philosophy:
and as such Interpretation is ~fundanent-
al, they give directionSt to all law making.
and social questions depend upon their
economic and social philosophy; and for
the peaceful progress OF our people during
to those judges who hold to Il twentieth
century economic and social philosophy
ana not %. to a long ontgrown philosophy:
economic conditions. OF course, II judges
views lie on progressive social philosophy
possession of a high and fine character:
which means the possession of such ele-
me rn I virtues as honesty, courage and
election to pandering TO demagogic senti-
ments or class hatreds and prejudices.
and the Judge who owes either his cleo
t1on or his appointment to the money OF
the favor of a great corporation. are
s1ike unWorthy to sit on the bench, are
fundity of legal learning. or correctness
OF abstract conviction on questions OF
public policy, can serve as an offset 10
thar judges, like executives and leKis-
lasors, should held sound views on the
vital interest to the people.
The legislators and executives are chos-
en- 70 represent the people in enacting and
not chosen to represent the people in this
sense. Their function is to Interpret the
laws, a.. The legislators are responsible for
which they Interpret and ' enfo spsr'' ,h 1e
laws: We stand aloof from the reckless
mere plant tools of popular prejudice
and passions: and we stand aloof from
those equally unwise partisans Of reac-
ton that, inasmuch as Judges are chosen
70 serve the interests Of the whole people,
they should strive to find out what those
interests are. and. 80 far as they. consci-
entiously can, should strive to give effect
to popular conviction when deliberately
body.
The courts are to be highly commended
and %staunchly upheld when they set their
when they fan 70 Recognize under a gov.
ment Of the majority as to a matter ef
legitimate policy, when duly expressed by
the legislature. Such lawfully expressed
effect by the courts. save in the extreme
and exceptional cases where there has
p Dsen 81 nlear A n1S1aiion IF IKE q c99n n,vd'',a a
wantonnes. In upsetting such clearly tax
en- governmental action is a grave ofrense
preston, TO nullifty an act committed In
d SpdSHn Oh popular Jury. tS to rerIar a
service TO the republic.
Put for the courts to arrogate to them
selves funciions which properly belong to
the end works mischief. The people
SHOULD not be permitted to pardon evil
a ahst s 1he $ sol, leg a,l1 on on or The theory
should be taught that the right way to
get rid OF a bad law is to have the legis-
courts by Ingenious hairsplittins nullify
but it Should not sasI these snu re 1apTepe be
Interpretation, for the result of such ac-
ton Is to take away from the people at
5 nitimat tas'r to ,e as.tro OF sseR|s eabaa,yyx a md
orderly self restraint and self govern
ment. under sueh a popular government
the long run the will Of the people is
supreme, the ultimate safety OF the ma
i flon ca, can n only rest in training end euld;
shall be right, and not in devising means
to defeat their will by the technical!ties
OF strained construction.
People to Blame.
For many of the .hortcomine. of 1us-
tice IN our country our people as a whole
are themselves to blame, and the Judges
with the public as a whole. 1t is discred-
table to US as a people that there should
Pc difficulty In convicting murderers. or in
bringing to Justice men who as public
or who have prohtsd BY the corruption Of
RuOAAS SCI J lC result 10 eOuallN I'M.
fortunate, whether due to hairsplitting
technicalities in the Interpretation of law
by judges, to se~ntimentality and class
consciousness on the part Of juries, or
to hysterla and sensationalism in the
daily press.
Real damage has been done by the
manifold and conflicting Interpretations
OF the interstate m law. Control
over the great corporations doing inter-
state business can be effective only IL 1t
IS vested with full power in an admins
tra,lVe department. a branch of the fed
eral executive. CARRYING out a federal
law: 1t can never be effective if a divided
responsibility is left in both the states
and the nation; 1T can never be effective
II LETT in the hands of the courts to be
decided by lawsuits.
The courts hold a place OF peculiar and
deserved sanctity under our form of gov
ernment. Respect for the law is essen
tial to the permanence of our institu-
tons; and respect for the law is largely
conditioned upon respect for the courts.
It is an offense against the republic to
say anything which can weaken this re-
:spect. save for the gravest reason and
N 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 my
body, should be especially binding when
we speak OF. them.
A