Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1908-09-25

IClue Zach Case UPON llS meTllS.
It must be remembered, too, that
in cases of indirect contempt, the
charge is a criminal one and that
the punishment is by fine or impris-
onment. All the reasons that apply
to criminal cases apply to these ca.
ses Of indirect contempt, and the
abuses to be removed by the pro
posed law are those that have grown
up because Of the increased tendency
of the great corporations to use the
writ of injunction to avoid the jury
trial.
The democratic platform proposes
no interference with the right of
the Judge to decide athe cases of d.
rect contempt-contempt committed
in the presence of the court; neith-
er is it proposed to interfere with
1.-THE right Of the Judge to determine
| the punishment for indirect contempt.
All that is sought is the substitu-
tion Of trial by jury for trial by Judge
when the violation of the courts de-
cree must be established by evidence.
l. Not only is the prosecution for
contempt a criminal prosecution, but
there is even more reason for jury
than in the ordinary criminal case.
! In the criminal court the judge acts
lin a judicial capacity only. He is
not responsible for the law which Is
being enforced in his court, and there
fore he has no personal grievance
against the defendant, and not be-
ing the prosecutor in the case, he
does not feel a personal interest in
J the result of the trial; but in con-
tempt proceeding the judge is the
lawmaker and public prosecutor as
we'll as the judge 1t 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 a decision
In our federal and state constitutions
we have carefully separated the three
departments of government, and
each department is jealous of any
encroachment upon its sphere OF ac-
tiyity. The judge resents any at
Z, lempt OF tie legislator or of the ex-
ecutive to dsurp the function Of the
court, the executive resents any
attempt of the court or OF the law
maker to enter his domain, and the
lawmaker is equally insistent upon
the preservation of his independence.
If there is any time or place whe e
jury is needed, it isin a case OF
indirect contempt. 1t is not strange
that abuses have crept in, for a
man would have to be more than hui
man to unite in himself the delige-
ration of the legislator, the zeal OF
the public prosecutor and the impair
tiality of the judge.
While the laboring men have been
the first tc complain of this denial
of the right Of trial by jury in cas-
es of indirect contempt it ought
not to be considered labor question
The jury system is so essential to
the administration of justice that the
subject ought to appeal to all who
make a study of the science OF gov
ernment. If citizens would only lie
on their guard against the beginnings
of evils, it would be very easy to ap-
ply necessary remedies, but in the
struggle for existence the voters are
often Indifferent to the application oil
an erroneous principle until repeat
ed applications establish a custom
and in time a custom crystallizes
Into law. It behooyes US, as lovers
of our country and as the friends OF
liberty, to insist upon the independ-
ence Of the different departments OF
our government and upon the main
tenance of the rights which have
been shown by experience to be es-
sential to freedom and self-govern'
J ment. The jury system mpust be
preserved, and we cannot hope to
preserve 1t II, for any reason or un
der any pretext, we permit any citi'
zen to be denied the protection that
1t furnishes.
According to the Declaration Of In
dependence, governments are instit-u
ed among men to secure to them
the enjoyment Of their fnalienable
rights. Among these inanenable right
three are specifically enumerated
life, liberty and the pursuit Of happi
ness. The second and third, howev
er, are really parts Of the first, fol
life means nothing to the individual
II It Is. confined to mere animal ex
istence. Man is distinguished from
the brute in that the latter merely
eats and sleeps and dies, while mar
Is endowed BY the Creator with in
finite possibilities. Liberty Is neces
sary for the realization Of mans pos
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