Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-09-24
Judges and Politics.
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Judges ana IOilticS.
The law is not an exact science
Its principles arc not laid down with
mathematical precision and its rules
are no; immutablc like those OF the
multiplication table. Il is true that
many of its fundamental principles
are laid down in the form Of axioms
and maXims known to every barrister
and which never vary. The cases
which involve the simple application
of these universal rules of the law are
limited, however and in these days
seldom reach the courts of last resort.
The qualifications OF business are So
extended and mystifying that every
case which reaches the highest court
seems to involve some new principle
or some new application of a well
known maxim. The result IS that the
law. more than any other science is
continually growing, new rules are
being made or the old rules amplified.
The natural result of this peculiar
ity of the science of law is that it's i'll
| terprcta;iOn and it's continuing formA-
| ton depend to great extent upon the
| personality, private opinions and views
of the men whose duty it is to decide
the cases as they arise and thereby
| to lay down the law for the future
guidance of courts if an exactly sim
| liar case should present itself Hap
! PLY. the American people have a re-
| spect for the courts and for the men
Iwho compose them which forbids the
are made along partisan lines. The
Il holt hot ,I,I1
judge is upright and sincerely impa.
j tial, and the republican does not ac-
icuse the democrat of deciding a case
merely for political effect and advan-
! tI%c. Inasmuch, however. as the prob
! lCms which a court is called upon %
ldecidC involve questions of mans re
latiOn TO his fellowman. of the position
of the individual before the law. OF the
rights of capital and labor. of the priv
lileges and powers of corporations. AMI
as all these vital questions are not
governed by immutable and eslab-
Ilished rules OF the law. it is essential
that the courts which decide these
Questions and lay down the new prin-
ciples which are to be applied i'll the
| future. should be composed of men re-
| fecting the sentiments of every ell
ment of the states population. Moth
! ing can be more injurious than TO have
a court OF judges all of them sincere
bur all of them OF the same faith and
convictions on matters of the state )
economic and social welfare. Into the
legal decisions and opinions of the SUI
lpreme court these individual beliefs
of the judges are indelibly written ana
lthey are impressed in a manner which
makes them of vital influence and eff
fleet on the people of the state ever
| thereafter.
| Judges, like all other men, are
human. They may know the princi-
irlcs of the law thoroughly. but the
application Of these principles will
wary according TO the Individual :
training and belief on questions close
| ~ allied 10 those of the law Is il
proper that every member OF Il court
of seven. the tribunal of last resort ii
one of The greatest states Of the IA
ton. should be composed OF iudges of
the same political faith and subscri5-
Ing allegiance to the same politiCa!
lparty There need be. and is. no i'm
putation that these judges wilfully
write their political tCncts in their
legal opinions. Try, however. as these
judges may they cannot approach close
cases involving social and economic
questions without an unconscious bias
1.-THE safety OF the courts of this coun-
try depends upon the principle of hay
ing every class and faith and party
represented on the courts. Then every
class will have an equal opportunity.
Though each judge is human with
human prcjudiccs. still the courts i'm
lpartiality can only be maintained nv
having the individuals of different pO-
litical inClinatiOns.
Is it to the interest of the people of
the state of Illinois that the supreme
court of Illinois should be composed
wholly of one party?