Amador ledger., 1908-10-16
BRYAN AND THE JUDICIARY

While Mr. Bryan's policies, financial
and economic, are dangerous enough
to alarm the entire business com
munity, they are really less ominous
than his attitude toward the American
judiciary. Mr. Bryan's perpetual
candidacy Is protest, not only
against established laws, but against
the rules and processes by which the
laws are interpreted. lie proposes a
radical curtallment of the powers of
our courts whereby those tribunals
would be shorn of prerogatives which
are essential to the correct and ex-
peditions administration of justice.
The inevitable effect of his scheme
for jury trials in cases of indirect
contempt would be to destroy the in
dependence of the bench and deprive
it of function which is a vital ele-
ment Of judicial authority. To hold
that an order ID a case of contempt
should be enforced only after it has
been approved by jury is as absurd
as 1t would be TO insist that a
sentence imposed upon defendant
convicted of grand larceny should
also be suspended until it had been
reviewed by jury. The analogy is
clear and exact. Mr. Bryan seeks to
strip the judicial Office of an import
ant function and transfer it to the
jury.
This, however, is the least perilous
feature of Mr. Bryan's program to
impair the judiciary. His influence
as an agitator has been exerted to ex
cite public distrust OF our courts, to
undermine the abiding confidence Of
the people IN their integrity and to
inculcate the base belief that their
great powers have been exercised for
the advantage of the few at the ex
pense of the many. He has insinuated
that justices of our highest tribunals
are appointed with view to their use
fulness to great private interests and
in disregard for the public welfare.
lie has limited that their DEGREES on
important constitutional questions
have been controlled by improper in
fiuences and he has made it reason
ably clear that in the event OF his
election he would appoint as judges
of the federal courts none but men
upon whom he could depend to up
hold his discredited policies if
occasion should arise.
Mr. Bryan SCOTS at the popular com
pact which stipulates that our courts
shall be kept sacred from partizan
criticism. He cares nothing for the
fact that the people have, almost from
the Firth of the republic, agreed that
our legal tribunals shall be held
above the rivalry of party oontro-
versy. The whole tendency of his
utterances has been to belittle the
integrity and wisdom of our courts
IN the respect of the people. Instead
of teaching that our legal tribunals
should be kept above suspicion he
has subjected them to irresponsible
partizap criticism and contention.
In the event of his election to the
presidency Mr. Bryan probably would
have to appoint four justices of the
United States supreme court and OF
much larger mum ber of judges for
the lower branches of the federal
judiciary. 10 entrust him with a
power of such grave import in its
possible consequences is a proposal
from which thoughtful citizens will
shrink in alarm. 1t would place in
position of vast influence over our
highest legal tribunal political
agitator of immature judgment and
untried doctrines who has done more
to impair popular confidence in the
American judiciary than any other
man of our times.