The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1910-12-02
sANCTITY OF COURTS.

-.
II. S. R., in Rocky Mountain News:
Now that the silly season in poll
tics is over, we arise to comment on
the particular form of the late un-
pleasantness wherein those who
dared comment on the conduct of
courts and those seeking high judi
cial places were branded as disloyal,
revolutionary, and unpatriotic. A
majority of this was twaddle intend
ed only to cause prejudice. John A.
Xix, who is the governor-elect of
New York, did not really mean it
when he made this comment refer
ring to eX-President Roosevelt: Any
American, who, occupying a position
of authority or having the public
ear, assails and attacks our courts
now as the v always have been, the
seats of justice and equity-is to be
regarded as public enemy and
should be so branded by any reason
able man"
The courts are not above criticism,
nor should they he. In the light OF
history no democrat or republican is
free to criticise any one on this score.
Our democratic friends look upon
Jefferson as the founder and patron
saint Of their faith. Mr.. Jefferson,
in discussing the question OF the SUI
preme judges as the ultimate arbi-
tiers of constitutional questions
said:
"A very dangerous doctrine indeed
and one which would place us under
the despotism of an oligarchy Our
judges are as honest as other men.
and not more 50. They have, with
others, the same passions for party
power and privilege of their corps
Their maxim is: Boni judicis est am
pliare jurisdiction EN-, and theil
power is the more dangerous as they
are in office for life, and not re
sponsible, as the other functonaries
are, to the elective control. The con,
| stitution has erected no such single
| tribunal, knowing that to whatever
hands confided, with the corruptions
| of time and party, its members would
| become despots. 1t has more wisely
made all departments co-equal and
co-soyereign with themselves"
| Andrew Jackson, the odd Hick
Dry of democracy, vetoed bill re
chartering the United States Nation
| al bank; although it was strongly
urged upon him that the supreme
court had upheld it's constitutional
ity III vetoing the measure on con
stitutlonal grounds, Jackson com
mented Each public official whit
/ takes an oath to support the consti
tuition swears that he will support j
as he understands it, and not as j
is understood by others
That sounds bit revolutionary
republican friends, it isn't in it will
what founders of your party sait
and did to the supreme court owe
the bred Scott decisions. The nintl
plank of the republican platform OF
which Abraham Lincoln was nomin
ated in 1860 read: THAT we brant
the recent re-opening of the african
slave trade under the cover of gu
flag, aided by perversions of judi
cial power, as crime against hu
mainly and shame to our countr
and age
"Perversion of judicial power"
strong language, but Mr.. Lincoln, il
his Chicago speech in 1858. durin
the Douglas debate, said: 1--WE mea
to do what we can to have the court
decide the other way
Wouldn't Wall Street and the jim
COS have a fit ii Roosevelt woul
; make an announcement like that
The talk of Dix and others is eXac
tly what Douglas made against Liz
4 coin and the free soil people fifty
) three years ago. Douglas, in takin
Lincoln to task over the bred Scot
case, said: He is assailing and al
lacking our courts.
There is only one little differenc
between pluck and luck.
y There is no sacrifice in giving u
-awhat we do not care for any longe
Il Every woman envies the wi
, whose husband is handy around til
lhouse.'