Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-12-11

direction 10 all IawmakiDg. The de
cisiOns Of the courts on economic an,
social questions depend upon tbei
economic and social philosophy. an,
for the peaceful progress Of our PEG
pie during the twentieth century ".
shall owe most 10 those judges whs
bold 70 q twentieth century economic
and soci5l philosophy and not to a
long outgrown philosophy which was
Itself the product Of primitive econon
4 ic conditions. or course a Judges
! views on progressive social philosophy
are entirely second IN Importance 10
his possession Of a high and fine char
acter which means the possession OF
sucn elementary virtues ms honesty.
courage and fair mindedness. The
judge who OWES his election 20 pander-
Ing 10 dcmagogic sentiments or class
hatreds and preiudices and the Judge
who owes either his election or his
appointment 10 the money or the favor
Of treat corporation are alike IN
worthy 10 sit on the bench. are alike
Traitors 10 the people, aud no pro
fundiiy OF legal learning or correctness
OF abstract conviction on questions of
public policy can serve as an Offset to
such shortcomings. But II Is also true
That Judges. Ike executives and lecis-
iators, should bold sound views on the
questions Of pnLlic policy which are OF
vital interest 10 the people
The legislators and executives are
chosen 60 represent the people iD en-
acting and administering the laws.
The judges are not chosen 10 represent
the people in this sense Their func-
ton is to interpret the laws. The legls-
laiofs are responsible for the laws. the
Judges for The spirit in which they In
tcrprct ard enforce the laws. We
stand al00f from fhe reckless aeitators
who would make me judges mere pli-
ant tools Of popular prejudice and pas
sion. and We stand aloof from those
equally nnwise partisans If reaction
md privilege who deny the pro2oJl-
lion that, inasmuch as Judges are chosen
TO serve the interests OF the whole PEG
pie, they should strive 10 find out what
those interests are and, SO far as they (
can. should strive 10 .
give effect TO popular conviction when
deliberately and duly expressed by the
awmakiDg body. The courts are TO be
highly commended and stanchly up
held when they set their faces against
or tyranny by majority,
)ut they are TO be blamed when they
all 10 recognize under government
Ike ours the deliberate Judgment of
he majority as 70 n matter of legiti-
nate policy when duly expressed by
he legislature Such lawfully ex-
ressed and deliberate judgment should
e given effect by the courts save in
he extreme and exceptional cases
where there has been clear violation
7 constitutional provision. Any
hing like frlvollty or wantonness in
psettlng such clearly taken govern
rental action Is grave onense against
ne republic To protest against tyran-
Y, 10 protect minOrities from oppres-
on, TO nulllfy an act committed In a
'asm OF popular fury. Is 10 render
,rvice TO the republic. But for the
'urts To arrogate 10 themselves func-
ons which properly belong 10 the leg ,
lative bodies Is all wrong ana I'm the
Id works mischief The people should
II be permitted to pardon evil and {
lpshod legislation on the theory that {
G court will SET It right. They should l
taught that the right way TO get rid I
a bad law Is 10 have the legislature |
peal II and not TO have tue courts by \
genous hair splitting nullify It. 4
" may Ice unwise and improper. but |
should not for these reasons be de- q
Ired unconstitutional by strained =
depreciation. for the result OF such 5
ton Is To take away from the people l,
large their sense of responsibility Il
i ultimately 10 destroy their capac-
for orderly self restraint and self II
rernment. Under such popular II
'ernment as ours. founded on the c
'ory that In the long run the will OF IN
people Is supreme. the ultimate OF
ETY. OF the nation can only rest in al
lining ana guiding the people so that OF
at they Will shall be right and not
devislng means TO defeat their Will fe
the techuicai.ties OF strained con. le
notion. Ii
or many Of the shortcomings OF hs
tice in our country our people as a Ia
Ole are themselves 20 blame. and
Judges and jurles merely bear IN
In share together with the public as OF
hole / IS dlScredltable 10 us as Il esi
pie that there should be difficulty sti
convicting murderers or IN bring, laI
70 justice men Who as public sery- tn,
! have beeu guilty OF corruption or rel
} have prohted by the corruption OF we
lie servants. The result is equally es,
'rtunate whether due to hair split GU
technicalities In the intei1preta- be
OF law by Judges To sentimental of
md class consciousness on the part an,
lries or to hysteria and sensation VIII
u In the daily press. For much esp
his failure OF justice no responsl- the
J whatever Hes ON rich men as abe
We who make up the mass OF mu
people cannot shift the response rea
7 from our own shoulders. But few
, Is an Important part OF the fail cou
which has specially to do with mu:
lity to hold 10 proper account men and
.N.NI