The Washington herald., 1908-08-30
Discomfort with the Judiciary.

L-aDenJi1g n his annual address q de-
cline Of respect for the judiciary. Presi-
dent Dickinson. OF the American Bar
Assertion observes that judicial jUdg-
meats are not accorded the same recep-
ZION as formerly .For a long time. prior
70 recent years" he says. Judgments Of
courts. especially those Of dnaI resort.
were received with the greatest respect
There was in the minds Of the American
people a profound regard for the judi
cal department Of government" This
halcyon period has departed. The courts
are now fe-cely assaIled. There appears
20 be a general discomfort with the ju-
dietary. The very foundation CT its sta
bility-lndependence-ha been attacked
Public opinion Affects judicial decisions.
and the judges lean toward subservier-
cy- Ee- M Dickinson acqEits the Amer
icau judiciary OF any serious misconduct.
he asserts there is nothing in The history
Of the bench 10 Justify the present hos
Tile attitude toward the courts.
We may be permitted 10 doubt. how
ever. whether The courts are now sub
1ec-ed 20 seve-er criticism than they have
been ar various periods in our national
history 'Cussia' the court is not alone
The privilege Of a defeated liJlcaut. IL is
also the privilege OF all those members
OF a Community who feel themselves az
Erieved by some Judgment that contra
venes their sense OF justice or clashes
with their political views The iupor-
1ant place which the American judiciary
plays in our governmental systems makes
inevitable expressions OF public opinion
favorable or uufavo-a5le TO specific judi
cal deEverarcss. We can hardly expect
that a court decree setting aside IeEisIa-
ton demanded by q majority Of any com
Inuniry VIII be received by a free people
with profound regard and dumb acau.es-
Ce1ce- As q matter Of fact no such r.
csDton has ever been given. or is likely
10 be given. an obnoxious judicial de-
C-s-1E in This country The courts. as q
department Of government whose fu1c-
Ji01s are performed by faIi5Ie men. are
10 more above and beyond criticism
tran any other governmental ORGANS
and as Nr, Taft has remarked. me
Judges should welcome and may profit
by reasonable and temperate criticism.
Whenever the courts. in the deterraiua-
ton OF litigation. enter the field Of gov
e-nmeItaI policy. as they sometimes do
they are bound 20 excite the an.mosity
of q large body Of citizens The fsscs
here has been well stated in LE1coln-s
first inaugural. when. referring BY indirec.
tion 10 The D-ed scott decision. a cIzssi
cal Instance Of judicial invasion Of The
political arena, he said
The candid citizen must confess -har # th
D1I-y ct the government zp9a rl-aI questions azz--
lzg TIE vao-s people. IS 70 be i-rsrocab-y zzs5 b
decisions o= The supreme C1u-r. the instant tzs
made n ordinary Irrigation between parties il
Uss11zl ar-1-s. The people VII have ceased 70 b
tlsr ov- rulers. having % that extent p-ac-sczu
resigned their s17z-zs-- iz-1 Ire Earzs o. TIA
eminent ---b--aL
Il IS the feeling among many America
citizens that their governments have. il
TOO many cases been resigned into n
hands OF the courts that is az the foun
oau0n Of most Of the present disconten
with the judiciary. Hence variou
projects for the curtailment Of jud.cia
power, some OF which are bound 20 in
expression in statutes al an early day
Probably We shall md in the end TIA
re existing popular attitude toward u
5sicizry IS no mere incident Of the time
but part OF a deeper movement Of dt
uocracy toward a freer and less tran