Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-12-11

t len ot t SocAt phliesephy; and a.
terpretatloh % fundamental, th @S such
If no co ~ an M smans The aye sSe
tlons depend upon their ecnp ro social Ors
ctal philosophy; and for the nndc and ~
ress OF our people during t PbeSC SetHl GSS
Century we shall owe moSf ~ ny I, Iweluy
VINO, hold to Twentieth CentrruHoSe JUDI
and social philosophy and not eCOloSs
outgroWn philosophy, which was ~ ~ Ion
ptouuct Oh pTlmltiVe economic co o.Sei "a
or course judges views on CoadihOn
social philosophy are cntireit, progCessS
Importance to his possessionS Second
and fine character; which mnon VI hS
session of such elementary I'r.tS the DS
esty, courage, and fairnindtoISHNeS as &@
judge who owes his election It ~ IN
to demagogic sentiments or ola ~ pSaledG
and pre5udlces, and the judy, cos TA llatN5
either nus erection Or his appolnt APPOINTS .oFs
tion,. are alike unworthy t6 9'V sit Copper
bench, are alike traitors to tbo s S on d.
no profundity Of legal learnt people ad
rectness of abstract convirtio,s' or Coz
tions of public policy, can ser aVn on Que
set to, such shortcomings. Brt as it an Of
true that Judges, like executives and ~ IS ala
questions of public poiicy WHY'S on ID
vital interest to the people. "D'ca are II
The legislators and oyncr+u
chosen to represent the lives lives az
enacting and administerinr People al
The judges are not chose Tue laws
resent the people in this sonso TO ~
function is to interpret the laws HSe, n, Nd
islaLors are responsible for the lsr we Is
judges for the spirit in which tbnv avs tie
and enforce the laws. We stand nay llep9
the reckless agitators who womb ' noI tlOa
judges mere plant tools Of T non,I 4aGe In
udice and passion; and we FS Ston9 lNE
from those equally unwise Dar+i Isenu a0.
action and privilege who DENY tbo o. Il
tlon that, lnaSmuch rs judges are cfpoa5pp&
serve the interests of the whole nno NnIoSVa d
should strive to find out wbat PfbbO opg,'e Thy
ests are, and, 50 far as they conSci ISe ,l9
can, should strive to give cffact w .uOCSl
conviction when deliberately and dpYpu&
pressed by the lawmaking BODY Tb ulp
are to be highly commended and Ston yugIa
upheld when they set their faces S'@ oll,
Wrongdoing or tyranny by a m9iorit ~s0q IN
they are to be blamed when t6oy $fa,pO
recognize under a government like on 1aI y
deliberate judgment of the majority W." "n Luz
matter of legitimate policy, when dT TS
pressed by the Legislature, Snch I oMe@A
expressed and deliberate judgment s6@S
De given enect by the courts, save IN tS
extreme and exceptional cases where tb g
has been & clear violation of constirt iur.
provision. Anything like frivotv 'I or w.s
tonness in upSetting such clearly iakm va" o,a
ernmental action is a grave ofpnSe 9rn IN,
the republic. To protest against ty1 SurS
to protect minorities from oppression rD-
nullify an act committed in snoSm
popular fury, is to render a service IA IN
republic. But for the courts to arrog9to y
themselves functions which properly Hpios
to the legislative bodies is ali wrong and :
the end works mischief. The people S6m-
not be permitted to pardon evil and slDSb@
legislation on the theory that the court viii
set it right; they should be taught that in
right way to get rid of a bad law is MI
have the Legislature repeal it, and not IA
have the courts by ingenious hairSpItun
nullify it. A law may be unwise and Inn
proper; but it should not for these reasons
be declared unconstitutional by STRAINED
interpretation, for the result of such a.
ton is to take away from the people Al
large their sense Of responsibility and I
timately to destroy their capacity for order
" self restraint and selfgoyernment In
der such a popular government as ours
founded on the theory that In the long l
the will of the people is supreme, the ulu,
mate safety of the nation can only rest ID
training and guiding the. people so that
what they will shall be right and not ID
devising means to defeat their will by The
technicalities Of strained construction
For many of the shortcomings Of juStCel
our country our people as a whole are them
selves to blame, and the judges and juEs
merely bear their share together with Tho
public as q whole. 1t is disCreditable to Us
as people that there should be difficulty
in convicting murderers, or in bringing 70
Justice men who as public servants nave
been guilty Of corruption, or who nave
profited by the corruption OF public SCI
wants. The result is equally unfortunate
whether due to hairsplitting teclncarus
in the Interpretation of laws by judges y
sentimentality and class consciousness
the part of juries, or to hysterla ana %l
sationaIism in the daily press For maA
of this failure of justice no respOlSOIH!
whatever lies on rich men as sucn;
who make up the mass of the people aa
not shift the responsibility from our ons
shoulders. But there is an important pun
of the failure which has Sp geaor yoc ~
with inability to hold to proper aCCVu-' .
men of wealth who behave badly
The huge wealth that has been accu.s
lated by a few individuals Of recent ys's
in what has amounted to SOCIAL anu v. ~
dustrial revolution, has been as lesIs
some of these individuals MADE p S,sSa@
only by the improper use OF ' nf mo1g
CORPORATION, with its officers ana ,a as' os
its many issues Of securities, ana l l1,, %g
slant consolidation with allied uu ont "a
ings, finally becomes an lnstlun enm,s,
complex as to contain greater si nrI' A.
of elements that, under various Jgui nn5 a,
cisions, lend themselves TO lfau oI.o Tmn
preston than any device YET e orn Ue,ss
the human brain. Corporations IoaS0r @,' 6ua
sary instruments of mou nz,i++od b
ness. They have been pernlt tSa or
become q menace largely because Sc 'ur ns an
ornamental representatives OF tn' Gov a5a
have worked slowly in proFlulns ~
0uate control over them. ,or,ar md
The courts hold a place OF peCu' Of rr
deserved sanctity under our r'; ;s osspptl
for thp law ID CS'.' /
to the permanence of our lnS 3II onocIndtjO1a
respect for the law is largely q cO iU an
mon respect for the courts. ~ % orrtbrg
tense against the republic TO say S Soye ri \
which can weaken this respect, ga sS'I c,r
the gravest reason and IN tIe ,n nlC'' ShCA &
fully guarded manner Our 1ut tSe duty
be held in peculiar honor; anu anu, "a and crib K
respectful and trutnql c9 Iindina when y
cism. which should be Glnui my e%s1ecIsN
sneak Of anybody, should pc e'pOG On
1P{ndino when we speak Of them H.. W Dpr
ornrage thew stand above any otne s,oS oh
ants IF the community, and thg i,E sb l
iudges have reached the hlghesV , MnT tb
by those few greatest pdliLlooor But a
whole country delights TO nop oro wise adj +
must face the fact that Inede arc o,o wise aH
unwise judges, just as there a+ aLs Whai
unwise executives and legislators ,r,nropa
President or a governor BEHAVES r " for hj
" or unwisely, the remedy Is s, g%'' with t
term is short; the same Is true tbe same SIn y
legislator, although not 10 10 Who 1I1 belong
gree. for he is one OF many 5g wv" and
Some given legislative b9 3siS nersonal =
therefore less easy TO @, III him I'M accounilIf
therefor. with judge VINO %bo SS,I tiep4s
man, is also likely to err, Ga[ way way Of n
is for life, there is no similar 4TrG %g' orlli
ing him to responsibility; o " pressure
conditions the only forms ae M G are EEt
Which he is in nn any fn wa" action Of bis @
i Hdg opln'f It is the last which Is we
mTediately effective, and to 5T WaieD Any e
look for the reform OF "a; aoi is ffraught "