The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-12-11
JUDGE MATHEWS OPINION.

JUDGE MATTHEW'S OPINION.
Judge Matthew'S opinion releasing
IN bond the alleged night riders hell
IN jail al Nashville was a terrific ar
raignment OF the methods By which
these citizens had been deprived d
heir liberty. Il developed at the
nearing Of the case that no warrant
for their arrest had ever been issued
Or served. but they were being held
In chains upon the verbal order OF
Gov. Patterson. What statute. what
provision Of the constitution. or what
principle Of British or American juris-
prudence confers upon the Governor
The right to direct the arrest Of citi-
EeEs without warrant or charge? OF
course the learned Judge could find
none and the release of the prisoners
! followed as a matter of course.
Night riding and murder must be
punished. but dark and terrible as
these crimes are they do not justify
illegal and unwarranted arrests and
the depriving of American citizens of
liberty save by due process of law.
The Governor cannot enforce the law
and uphold legal authority by violating
and defying the law himself. He can
not place himself above the law. If
night riding is to be stamped out by
a sacrifice of the dearest and most
cherished principles of Anglo-Saxon
freedom it were most too dear price
to pay.
Very correctly Judge Matthews says
the courts must vindicate the law. In
other words the law must be enforced
according to the law. The following |
admirable paragraph from his opinion |,
will receive the commentator of ev-
cry liberty-loving, law-abiding citizen:
But If these things must needs be
done, they are not for judges and
courts to do. Inter arma leges stunt !,
(among arms the laws are silent), but
as long as there is sufficient peace in
the land for courts to remain open
and for writs to run, the courts must
indicate the law. The most precious
heritage of any people is their juris-
prudence and an Independent judiciary
o enforce their legal and constitu-
Vic do |
erving of the name must provide and
,rotect the high policies of procedure.
\ judiciary that destroys these pow
RS saps the foundation of good gov
rnment and makes of it a menace of t
ppression rather than a fortress Of I
afety and protection 1st Hughes S
n Procedure, 100" e
Our magnificent system of juris- v
the evolution of centuries t
t enlightened liberty, provides rem 5
dy for every wrong There is no oc- n
aston for a violation of the law In Il
rder to bring offenders against it to II
lstice. 1t is the mob spirit which ar tt
les to the contrary. Who would ii
ave dreamed that the Governor of *
whose sole ambition in as
ring to that Office was to preserve m
e liberties Of the people" and re ne
ore popular government" would ever ~
I'VE deserved the rebuke which Judge Tn
opinion implies? 81
And remember that Judge Matthews 81
not actuated by any feeling of ami w
)sity toward the Governor. He was In
iginally appointed to the bench by SO
". Patterson But his opinion proves Pr
at he has the courage to do his duty or
en- in the face of possible adverse tn
ticism and misunderstanding. The
,ital of the details of the arrest and th'
in chains of citizens ot'
thout warrant or indictment or legal the
arge, reads more like a story from qu'
ssia or Turkey than an actual oc- IL
renee in Tennessee, whose people pei
the heirs of a thousand years of "o
glo-Saxon freedom and whose le1
udest boast is their love of liberty. cat
me