The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-28
5upIcIAL sANCTITY.

JUDICIAL SASCTITY-
Judge Alton b. Parker. erstwhile
candidate Of the Democratic party Tor
President. and for long time hon
ored with a New York judgeship, made
an address before the New Hampshire
Bar association on The Lawyers Op-
portunlty for Patriotic Service" Judge
Parker IS one OF those who has an ex-
aeEernted idea Of the exalted rever-
encc that is due to a judge. once the
latter is elected: and I'm his address
ne bclaDored in vigorous language the
nations chief executive because the
latter. forsOOth. had seen tit TO criti-
else the course Of some Judges. His
criticism or the executive branch oil
he federal government was somewhat
vitriollc. and his assumption OF abso-
lutte sanctity OF the judiciary from the
executive criticism was equally en-
phatic.
In his address. Judge Parker held
that as the judicial department was
a coordinate and independent part OF
the government. its members we're i'm
mune from criticism by the executive
department In his eagerness TO dis
cover tn mote IN the chief executives
eye. Judge Parker forgot the mote
that bedimmed his own vision. and
from tho standpoint OF one Of the
judiciary. bcrated the executive de-
psrtment with far more vigor than
was shown I'm the criticism he objected
20.
Referring TO an action Of Colonel
Roosevelt when the latter was Presi-
dent. Judge Parker said:
Recently We have witnessed an at
tcmDt.ou the part Of the executive
department TO bring an Indian
apolis editor 90 Washington for
charge or criminal libel. 70
washington and It's atmosphere
created BY over 10000 govern
ment employees. where. without
friends and sometimes perhaps
without money. and therefore
withoLs his witnesses. an &C
face the ouulent and powerful
machinery OF the federal gov
eminent"
When Judge Parker stated that I'm
the case referred TO the accused was
20 be dragged before an "Opulent and
powerful machine" without his wit
nesses. ETC.. ne must have had abso-
lutte knowledge that he was uttering
an untruth. President Roosevelt was
seeking 20 bring TO trial those ac-
cused Of wrongdoing; his procedure
was TO put them before the courts.
Would Judge Parker have been as
cousiderate Of the procedure as Presi- /
dent Roosevelt was? We are unable |
20 believe so. The vastly greater
probability is that n one-tenth OF the
lIbeIous publications made against
President Roosevelt when I'm office
had been uttered in New York when
Parker was judge. the latter would
have brought the offenders into court.
and. ,vithout trial. practically with
out a hearing. would have cast them
into Jail. His very assumed super
FORTY for his wing OF the controversy
shows him 20 be OF that inclination.
In this nation the sovereign power
s. with the people. and Judge Parker's
effort 20 have the judiciary exempt
from criticism By the people is very
FAR from giving that patriotic service
which e. the lawyers opportunity. His
entire attitude IS inconsistent. 20 say
the least. While ne wants aid and
protection from the executive and
legislative branches for his assumed
judicial sanctity. he would batter
those branches with every kind OF
criticism. He would silence free
speech whenever the judiciary was
concerned. He would not have judges
amcnable 20 the criticism or the judg-
rnent OF the people. and makes as
Eauit upon Roosevelt for standing up
for that freedom
To will not work. This superficial
sanctity and reverence demanded for
The judicial department Is not its right.
II is not the right Of any depart
mcnt. Courts are entitled % the full
lest respect in their rights and pow
ers: judges are not 20 be upheld in |
tho abuse Of Those rights. Executive |
and legislative officers are on the
same basis. The people arc on the |
same basis But neither Of them, nor |
any member thereof. has claim 60 a /
dedication which makes them in
nnit~'y above the other IN coming |
20 fho ,eo~,fo for final Judgment