The San Francisco call., 1908-12-09

lapse Decisions should be rendered
Immediately. and the chance OF delay
I believe that the procedure should be
sharply defined. and the judge required
OF his action and of his reasons there
for so that the congress can II nc de-
sires examine and Investigate the same.
The chief law makers in our country
may be, and often are. the judges. be-
saa9 $50 e. s,,s
Chief law Makers time thDei's thew inter-
in This Country pref. contr t,
:" property. v ste Il
rights. due process OF law. liberty.
they necessarily enact into law parts
of a system of social philosophy;
and as such Interpretation is unda-
mental. they give direction to all law
making. The decisions of the courts
on economic and social questions de-
pend upon their economic and social
philosophy; and for the peaceful pros
ress of our people during the twenti-
eth century We shall owe most 10
those judges who hold to a twentieth
century economic and social pnillosopny
and not to a long outgrown philosophy.
which was itself the product OF prim-
tive economic conditions
of course a judges views on pro-
gressive social philosophy are entirely
second in Importance TO his possession
of a high and fine character, which
means the possession OF such element-
ary virtues as honesty, courage and
fairmindedness. The judge who owes
his election TO pandering to dema-
gogic sentiments or class hatreds and
prejudices. and the Judge who owes
either his election or his appointment
to the money or the favor OF a great
corporation, are alike unworthy TO sit
on the bench are alike traitors TO the
people; and no profundity OF legal
learning, or correctness OF abstract
conviction on questions OF public poll
shortcomings. But it is also true that
judges, like executives and legislators,
should hold sound views on the ques-
tions OF public policy which are of vi
tai interest to the people.
The legislators and executives ara
chosen to represent the people in en-
acting and administering the laws
The judges are not chosen to repre-
sent the people in this sense. TheiF
function is to interpret the laws. This
legislators are responsible for ths
they interpret and enforce the laws
We stand alOof from the reckless agi-
mere plant tools OF popular prejudice
and passion; and We stand alOof from
those equally unwise partisans OF re-
action and privilege who deny the
proposition that, inasmuch as judges
are chosen TO serve the interests OF the
whole people, they should strive to
md out what those interests are, and,
so far as they conscientiously can,
should strive TO give effect to popular
conviction when deliberately and duly
expressed by the law making body.
mended and stanchly upheld when they
set their faces
Arrogant Judges ips1 ainsl as waOns 1r,s 40 ,,
Are Condemned 10 ioritS-.J 9s.J -.
for Their Acts they are to be
blamed when they
fail to recognize under a government
like ours the deliberate judgment OF
the majority as to a matter OF legiti-
mate policy, when duly expressed by
the Legislature. Such lawfully ex-
pressed and deliberate Judgment should
be given effect by the courts. save in the
extreme and exceptional cases, where
there has been a clear violation OF a
constitutional provision. Anything like
1rtvolity or wantOnness in upsettfng
such clearly taken governmental action
IS grave OnenSe against the reDub-
lie. To protest against tyranny, to
protect minOriIies from oppression. TO
nullify an act committed in a spasm OF
the republic. But for the courts TO
arrOgate to themselves functions which
properly belong to the legislative bod
les IS all wrong. and in the end works
mischief The people should not be
permitted to pardon evil and slfpshcd
legislation on the theory that the court
that the right way TO get rid OF a bad
law is TO have the legislature repeal
1t. and not TO have the courts by in
genious hairsplitttng nullify IT, A law
may be unwise and improper: but IL
should not for these reasons be de-
clared unconstitutional by a strained
III ~ Cte1lACllt AOL the fcSQlL OF SUC0
action is TO take away from the people
at large their sense Of responsibility
and ultimately to destroy their capa-
city for orderly self-restraint and self
government. Under such a popular
government as ours. founded on the
theory that in the long run the will
OF the people is supreme. the ultImats
safety of the nation can only rest in
training and guiding the people so that
what they will shall be right and not
in devtsing means to defeat their will
by the technicalities of strained con-
structiOn.
For many of the shortcomings OF tus-
tiee In our country our people as a
= 9 wnole are tnem-
People to Blame s5S sS t',sI 20 pane
Many Times for inrtas n,s-.a7T- - + 3 hsa 81,
1us.lce Falnns their share to-
public as a whole. IL is discreditabls
to us as a people that there should be
in cOnvicting murderers. or in
bringing 10 Justice men who as public
servants have been guilty of cOrrup-
ton, or who have profited by the cor
ruptlon OF public servants. The result
IS equally unfortunate. whether due Ia
hairsplitting technicalties In the inter-
pretation of law by judges. to senti4
mentality and class consciousness on
and sensationalism in the daily press.
For much of this failure OF Justice no
responsibility whatever lies on ricn
men as such We who make up the
mass OF the people can not shift ths
responsibility from our own shoulders
But there is an important part OF ths
failure which has specially TO do with