The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1908-12-08

nud privilege who deny the PROPOSE.
ton that, iuosmuch as Judges are chosen
10 serve the interests uf the whole pco-
pie. they should strive tu uud out what
those interests are ana So tur ass they
couscicncously can. should strive 10
give effect to popular conviction when
deliberately and duly expressed ly th,
lawmuhmE body The court, urr % hr
highly commended and ~uu,My up
held when they s,t their faces against
WruuCIuuE or tyranny hv majority.
hut they are to nu blamed when they
fail Co recognize under q government
like our~ the deliberate Judgment ~
the majority as 60 matter uf Icgiti.
mate policy when duly expressed by
the legislature Such lawfully cN.
pressed and deliberate Judgment should
hc given effect hy the courts save in
the extreme and exceptional cases
where there has been clear violation
" constitutional provision Any
thing like frNoity or vautouucss ln
upsctting such clearly taken govern
mental action * grave oncusc against
the republic To protest against tyruu.
ny, 20 protect minoritics from opprcs
sion. 10 uuiry an act committed n a
spasm ~ popular fury. Is tp render a
service tn the republic But for the
courts to nrrorntc 10 themselves fuur.
tions which properly belong 10 the leg
islItiNc bodies * an wrong and I'm the
end works mischief The people should
not he permitted TO pardon ryll aud
slpshod legislation ON the theory hat
the court viii set II right They should
be- taught that the right way to get rid
of bad law Is 10 have the legislature
repeal II and not 10 have the courts by
Ingenious hair splitting nullry it \
law may De unwlsc and improper but
II should not for these reasons be- dc.
clarcd unconstitutional 10y strained
Interpretation. Tor the result of such
action is 10 take away frrm the people
at large their sense Of responsibility
and ultimately to destroy their capar.
lty Tor orderly SELF restraint and self
government Indcr such popular
government rs ours founded on the
theory that I'm the long run the will Of
the people is supreme. the ultimate
safety Of the nation can only rest In
tralnn" and guiding the people 80 that
what they will shall bc right aud not
In dcvlSlng means TO defeat their will
10y the tcchnicallties Of strained con.
structon
For many OF the shortcomings Of
justice In our country our people rs a
whole are themselves to blame. and
the Judges and Juries merely bear
their share together with the public as
u whole. 1t is discrcditable To us ns II
people that there should be difficulty
In convicting murdcrcrs or In bring,
ing to Justice men who ms public sery-
ants have been guilty of corruption on
who have prufted by the corruption Of
public servants The result is equally
unfortunate whether due to hair split
ting technlcalltles I'm the intcrprcta-
ton OF law by jules, to sentimental.
ity and class consciousness on the part
of jurics or TO hysteria and sensation
alism In the daily press. For much
of this failure Of justice no rcspuusi.
bility whatever lies on rich men as
such. We who make up the mass of
the people cannot shift the rcsponsi-
billty from our own shoulders. But
there is an important part OF the fail
ure which has specially TO do with
inability to hold TO proper account men
OF wealth who behave badly.
The chief breakdown is I'm dealing
with the new relations that arise from
the mutualism. the interdcpendence. of
our time. Every new social relation
begets a new type OF wrongdoing-
sin, to use an old fashioned word and
many years always elapsc before so
ciety is able TO turn this sin into crime
which can be effectively punished at
law. During the lifetime Of the older
men now alive the social relations
have changed far more rapidly than In
the preceding two centuries The i'm
mense growth OF corporations. Of busi-
ness done by associations and the cx-
treme strain and pressure of modern
life have produced conditions which
render the public confused as 10 who
its really dangerous foes are, and
among the public servants who have
not only shared this confusion, but by
some Of their acts have increased IT,
are certain judges. Marked incfiicicn.
cy has been shown IN dealing with cor.
poratlons and In resetting the proper
attitude 10 be taken by the public not
only toward corporations, but toward
labor and toward the social questions
.
the enormous growth OF our great
cities
OVERGROWN FORTUNES.