The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-26
TIE PRESS AND TIE PEOPLE.

been expressly reserved 20 them by
constitutional provision, both national
and state. That these rights should
be so conserved IS absolutely essential
70 the maintenance OF a government
By the people. when the voice OF IN
dividuai expression Is hushed by a
gag rule. liberty is at an end. When
tho most potent voice Of the people,
the press OF the land. Is silenced by
zaE rule, freedom is but a shadow.
The fact that sometimes men, and
sometimes newspapers. have INDUCED
in slandcrous expressions. does not
change the more overwhelming fact
OF the rightfulness OF freedom Of
speech and Of the press 70 insure the
liberty Of the people
In this country there are three
branches Of govcrnment-executive,
legislative and judicial-each with
functions independent OF the other,
and preserved from infringement by
the other. When the executive de-
PARTNERS Of government performs an
act IL receives pointed criticism from
persons and papers who think Il de-
served. When the legislative DEPART
ment adopts procedure, Il receives
like treatment. why is Il that the ju-
diciai department IS not TO be just as
amenable to the judgment Of the Peo-
pie. fn a government where the peo-
pie arc the sovereign power? When
men are elected by the people to serve
as Judges for two or four years, what
Is there to justify some OF them IN
1ianifesting a feeling that they have
become so superior 90 all else that
none can speak without permission
lest they offend the high and mighty?
It cannot be that a certificate OF cleo
ton clothes them with a greater per
sonaI sanctity or a higher endowment
Of intelligence.
In this state the public has knowl-
edge OF certain facts regarding the
trial OF cases. Eight men Of equal in
teIiigence with the presiding judge
have been selected as a jury to render
verdicts In. say, damage cases; and In
the exercise OF duty have rendered a
verdict for the plaintiff OF. say, $4,000.
Why IS Il that the Judge. not superior
I'm intelligence. but probably differing
from the eight Jurors in opinion.
comes fin and arbitrarily says to the
plaintiffs attorney. Unless you accept
judgment Of $4,000. will grant a new
trialg'' Is the opinion Of one better
than that OF the eight merely because
- q
more easily TO conclude that the
merits OF the case are apart from
opinion as 20 amount. and TO say that
Il there IS reason for a new trial when
the verdict Is $1,000. Is there not rea-
son when the verdict Is S5.OOO7 And
have MT attorneys accepted to re-
duced verdict rather az a more genteel
matter cf hold-up against which there
Is no redress. rather than a matter Of
justice. for tho reason that they do
not want 70 incur the risk OF a new
trial Uldcr the circumstances before
the same judge2
Many people have commented freely
on the fact that while the executive
end legislative branches OF the gov
eminent have been and are amenable
20 the sovereign power, the people,
there has been a class in the judiciary
which has wrapped itself with a robe
OF higher sanctity than ordinary mar
IS entitled TO. and with IN Il am
holier than thou" air have looked
upon the people as unworthy OF the
familiar association that heretofore
existed. Elected for a brief term OF
years. men chosen as judges have as
sumed a self-constituted superiority
have practically made themselves re-
cluses. have become so scant IN cour-
tesy that they sometimes cease to be
gentlemen. and descend to curtness
and snappiness and irascibility almost
beyond endurance. even IN the boun-
teous patience OF the people who hav,
20 60 10 law. Why f. this so7 OF
being 20. why should Il longer be per.
nitted2 Surely. the choice Of a sinai
majority OF votes or a political party
convention or at the polls affords no
reason.
The courts OF the land are entitled
70 AAAH AAAAANA ANNAfN@Ns anu 81 NAAA1 AN'
gard the dignity Of the judiciary de.
partment Is sought to be maintained
BY the people and the press. To tn,
executive and 20 the legislative depart
ments are due the same treatment. s.
also are the people and the press
which practically are one in the mar
ration Of current events or the recall
ing Of historical occurrences; and an!
effort 70 apply tho thumbscrew or th'
gag has its place with the work OF self
exalted priests IN the dark ages. wh'
forbade the reading OF books on tn
ground that the people could not un
derstand.
In this nation the people do under
stand There Is no class made hole.
OF more intelligent by the insignia o
tempory Office holding; there is M
bowing down and worshiping Of tn