The Boise citizen. (Boise, Idaho) 1906-1910, 1908-08-04
CRITICISMS OF THE COURTS

formerly spoke of criticisms OF the but here comes the Ore
nn and ushes President Rooseys criticism Of the court Of
s desionn favor Of the Standard Oil company Of New Ter
ey, as follows
With scarcely exception the newspapers the country that
have commented upon President Roosevels criticism of the Stand
ard oil decision have condemned the language the president used
Some gone far say that the president guilty of con-
tempt Of while or two have asserted that he should be
brought the upon contempt proceedings if such prose
o possible large number Of papers indicate belief that
there was miscarriage of justice in the Standard Oil case vet they
think improper for the president Of the United States to
express his opinion the vigorous language which caracerzes
many of his utterances.
Aside all considerations of law and fact involved in this par
hcar there presented the question whether the chief
tive the nation should any time and any circumstances
clare publicly that there has been miscarriage Of justice
go defendant certain and that the result would have been
different if the accused had been small instead Of large offender
The question involves the double consideration whether he right
such upon the decisions of the courts and
he has whether wise for him exercise the right As time pas
s and people realize that human and divine
will be general approval of the the president pu
sued There is indeed, we think, public approval now
Nor reaching such conclusion is it necessary to assume that
the president speaks only citizen and chief executive He
speak merely citizen While his uterance will have no
legal whatever upon decision that has been rendered and his
will have official recognition yet the position which he
ces and respect which president held preclude his speak
ing ordinary citizen His and commissions must be consi
cred the light of the position he occupies and he must be held re-
pone accordingly To all nents and purposes he speaks not as
be commented condemned should be determined by what
he says not by the spoke all His right speak
upon any subject any time unlimited and what he says must be
judged upon its merits
There are departments of goveneneXectve egSla
tive and judicial Scarcely any questioned the right OF the
president congress the right OF congress
crse the acts president Why en should an atmosphere
Of acredness be thrown about the courts No department OF gov
inabe SO long these departments are hed by
human beings there will be only OF the mn Du errors
he 1at hind V6 n
public congress has erred why should not the president
say from improper motives that tact presents a
the strong why the chief executive should point OUT te
Exactly the principle is involved IN the attitude OF e
toward the courts If they have mistake or they have ac
ted one case as they would have acted IN another OF e @
character but with different parties be declared II the ac
ALL of the seriousness, and the
be given wide publicity possible 1t o1oWS -
properly declare the wrong than ule PeS
There are rights which are sacredhose OF person. property anu
epuon-and they are declared in our fundamental d"
rights are lust as sacred in the Of members OF the judiciary a
the of other individuals and no more So because ~
judge member Of congress does not subject MN -
without recourse If Mr. Roosevelt has hDeleu e
should brought to account; if he has told the tut "
they should be brought to account Never sHOuiu ~
Senced merely because they are Judges 81, oo
The constitution makes the duty of the president 70 ~
that the laws be faithfully executed Roosevelt mas u "
that duty but being human, he has undouDteu9 ~ - -;
There we're many people who openly accused HIM OF acs
prop motives when he inerfered in behalf OF Fau "
Santa Fe rebang case Because he was president did %
protecting atmosphere of sancty around him. lnos ~
people condemned that act yet they deeply
purpose to do right that they overlooked the act
to nroro +i vii; NOT he condemned for error MeiDe
Of the judiciary will be judged by single acts Ou
the general trend Of their decisions Il 4sT, tarbns
nice distinctions and by magnyng the importance and
caites they promote welfare of the law Dreakel ~ as
the oronorton f rsss N which Justice meted and i IN gem
parties tigant get what they merit or deserve tns No
not fail to commend They have the making OF uie''
cloak OF sanctiy will shield them from accotmaOin9
This particular section OF the country can boast OF as many @