The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1911-08-31

OF the power Will sooner or later re-
suit n its being abolished by the peo-
pie.
Most of the people know hat the
judiciary has been an almost entirely
irresponsible body, holding itself not
only above the legislative bodies. but
above the people and above the whole
theoretical structure OF the republic.
1T HAS ALSO BECOME AHE MOST
FORMIDABLE, BECAUSE 1T IS
THE MOST RESPECTED BODY OF
REACTION IN THE NATION. This
is not the cry of any party or of any
faction, but the general understand
ing among the people. and Arizona has
supplied the actual proof of the trend
of this opinion.
This suspicion and distrust on the
Fart of the public of the courts, as
now constituted, has been desperate
ly combated by all the forces of Cap
italism. The ~plunderers, and all
those allied with the Capitalist class,
are keenly awake to the situation.
They understand that the courts are
the bulwark of their stand that the
courts are the bulwark of their pow
er; that only with their aid can they
hold the ruling position. They need
no educational campaign to spread
NAS AS1SS ma "CdpO "
use to retain their exploiting posi-
ton; so at every opportunity pressure
Is brought to bear, to strengthen the
present judicial system. For this
reason we have President Taft preach
,ng the old and foolish doctrine that
the judiciary must be kept out OF
politics-"THE JUDICIAL ERMINE
MUST NOT BE DRAGGED THROUGH
THE MIRE OF POLITICS." Every-j
where this suggestion is fed to the
people as a precept of good govern
ment.
THE DANGEROUS CRY HAS
Been SPREAD FROM STATE 10
STATE. The newspapers have echoed
and re-ecoed. it. Politicians have
used it as n stalking horse to ride
into office. From our boyhood days
We have been taught that the bench
is a matter SO sacred that it must be
acid above reproach. Year after year
we have been assured thai tho
nation is great, because we respect our
courts and keep our judiciary out of
politics.
BUT WHY SHOULD IT BE KEPT
OUT OF POLITICS? WHY?
The judiciary was never intended
to be removed beyond the control of
the people. 1t was never designed to
be irresponsible to the popular will. 1t
was plainly planned to be one Of the
three branches of the government,
which were all to AXE their power
from the people. And now the ques-
ton that worries ordinary common
folks is WHY THE COURTS SHOULD
BE FURTHER REMOVED FROM
THE PEOPLE THAN A CITY COUN-
GIL. THE CONGRESS, OR THE
PRESIDENT? If judges are not the
servants of the people, what are they7
As we understand it, a judge is
only n hired man, and he is the Poo
pies hired man. He is paid by the
People to do their work. He should
carry out the peoples will. If 4 judge
proves unfaithful he should be fired
as speedily as any other public SER
want. That is commonsense applied
to the courts. The American doctrine
Of democracy is SO simple that n child
can understand it. Democracy is all
ways simple.
The Capitalist class and their news
papers have never been able to give an
ansHC: 20 this proposition, consistent
will the principles of democracy
When they attempt a reply, it is al
ways that fogy doctrine that the
courts should not be made responsive
to popular passion. If it is desirable
that judges should not be affected by
"legaliZed terrorism" it is just as de-
sirable that Congressman and Cover
norS should not be so affected. If
one branch of the government is too
sacred to be touched by the great un-
washed" all branches must be.
OF course, under the present sys-
ten of appointing judges there is no
'legaliZed terrorism" When Boss
Murphy has his judges placed on the
bench they always rule from the view
Point of the people. When we have 4
White placed on the United States
Supreme bench, it is for the benefit
CT the people. You bet. The press by
common consent always approves of
any candidate whose qualifications
have been o. KID by the Bar Associa-
ton. This is also for the good of
the people, we suppose. Then we
lave non-partisan elections. where
both the old parties nominate the
same man for a judgeship. The Cap
"italist class defends this startling adj
mission of no party differences by
using the good old fool-'em cry of
"the judiciary must keep out of poll
tics.
Even our Supreme Court has usurp-
ed lis power m has become n law
making body The Supreme Court