The morning journal-courier., 1908-09-08

no interference with tho right of the ldge to decide the case of direct con- empt-eontempt committed in the presence of the court; neither is it proposed to interfere with the right # the judge to determine the punish nont for indirect contempt All that is sought Is the substitution of trial ly jury for trial by judge when the
 lolation of the courts decree must be established in evidence
 Not only Is the prosecution for con tempt a criminal prosecution, but there Is even more reason for Jury than In the ordinary criminal case, In the criminal court the Judge acts In a ju- dicIal capacity only, He Is not respon- slble for the law which Is being enforce cd in his court, and, therefore he has no personal grievance against the de- Gendant. and not being tho prosecutor In the case, he does not feel per Sonal interest In the result of the trial, but in a contempt proceeding the judge Is the lawmaker and public prosecutor as we'll as the judge, lt Is the judges order which the accused Is charged with violating and it Is the judge who appears to prosecute the case, upon which he Is to render de- cision, In our federal and state con- stltutions we have carefully separated the three departments of government, and each department Is jealous of any encroachment upon its sphere of activ- ity The judge resents any attempt of the legislator or of the executive to usurp the fnctions of the court; the executive resents any attempt of the court or of the lawmaker to enter his domain. and the lawmaker Is equally lnslstent upon the preservation Of his independence. If there Is any time or place where a jury Is needed, 1t ls in a case of indirect contempt It Is not strange that abuses have crept In, for q man would have to he more than hu- man to unite in himself the delibera- ton of the legislator, the zeal of the public prosecutor and the impartiality of the judge.
 While the laboring mon have been the first to complain of this denial of the right of trial by jury in cases pf indirect contempt, it ought not to be considered labor question. The jury system Is so essential to the adminis- tratlon of justice that the subject ought to appeal to all who make a study of the science of government IT citizens would only he on their guard against the beginnings of evils, it would he very easy to apply necessary remedies, hut In the struggle for exist ence the voters are often indifferent tc the application of an erroneous princi' pie until repeated applications estab' llsh custom, and in time a custom crystallzes into law. IL behooves us a. lovers of our country and as tho friends of liberty. to insist upon the m dependence of the different depart ments of our government and upon th' maintenance of the rights which hav' been shown by experience to be eseen tlaI to freedom and lf-government The fury system must he preserved and we cannot hope to preserve it ii for any reason or under any preteXt we permit any citizen to be denied tn protection which 1t furnishes.
 According to the Declaration of Tn dependence. governments are nstitut ed among men to secure to them tn
 enjoyment of their lnalienable rights Among these Inalienahle rights, thra' are specifically enumorated-life, iih cfty and tho pursuit of happiness. Tn second and third, however arc reall! parts of the first, for life means noth ing to the individual if 1t Is confne' to mere animal existence. Man Is dis
 tlngulshed from the brute in that tn latter merely eats and sleeps and dies 2 while man Is endowed by the Create with infinite possibilities Liberty | g necessary for the realization of man possibilities. His conscience must b [ left free that he may fix for hmsc' q the relation between himself and hi { God. His mind must be left free tha g he may devise and plan for hmsel,