American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1911-08-24

~ " tttt& tiIIG IL I0Nkt& WeI0
subject to recall by the king. Under
this powers he took some Of the keenest
inteliects and brightest minds OF the En-
and willing Instruments OF oppression
such a %tribunsl Essex took his " life
berton was avnointed that he might pre-
side at the Trial OF Russell. and was
then recalled because his Instructions
were not sufficiently brutal 60 satisfy
the Unsuitable monster who had given
him his soiled and polluted ernline. I'm
gIish liberty. Sidney, was beheaded and
freedom OF speech was destroyed; habe-
as corpus denied and individual rights
gllsh yoemanry drove their monarch from
the throne they wrote into the terms OF
ne Act q Settlement that Judges COM
md their salary .ascertained IN estab-
nsliei. This took II out Of the power
oI tnr king 70 recall the judges and out
holding their salary. h was the first
step toward an Independent Judiciary
ana IL was not long until the great En-
Eiish orator could truly say in speaking
Of the English people. though 1t Tras but
cottage with a matched roof which the
four winds could enter. the king could
not
LAYING Foundation OF the Law.
Thereafter instead OF Jeffries de-
nouncing and cursing from the bench
the aged Baxter; instead OF Dudley taunt-
Ing and tormenting. the New England
~coionists; instead Of scroggs. and saun-
or tyranny. we have Sommers and Holt
ana York and Hardwick and Elden and
manslield laying deep and firm the great
principles OF English law and English
Jnstice. principles. which stlll shield and
guard the personal rights of every. mem
Der or the English spcaking race :prin-
clpies which our fathers were careful
70 bring here. pincinles u,hich every
american citizen would unhesitatingly
shoulder his musket TO defend and pre-
and commanding figures has been the
system or our own countr- Jay and
marshall Taney. and Kent and Story
TO the distinguished and cultured chief
Justice who now presides over our su-
preme court. The intellect. the character
the nest there was In these men Of heart
and mind. wears ofconsecration and foil.
are embedded In our jurisprudence and
constitutes today the greatest OF all guar
anf@es for the purity of our institutions
and the continued prosperity and happi-
piness OF the common people
Need Of Independent Judiciary.
soir. II seems to me that the exper-
ieoce or the past has closed the discus
ent judiciary. A feeble, a timid and an
obedient judiciary, whether to popular
.temand or king, has always In the end
a corrupt judiciary. Such a judiciary
leaves human rights uncertain and worth
.ess, unsettled titles. destroyed values.
and VIII never flourish or prosper under
an unstable and unreliable system Of
ssourts. whenever you loook upon the
wreck OF ancient republics and democra-
'cies whore the courts yielt,ed their de-
cisions to the TRIUMPHANT faction or mar
ny or 70 modern monaichies where the
WiseruDie Instruments OF A.ngIy bower
served wen their masters. whenever and
Wherever I'm all history you find q des-
Rotic judiciary you find 1t is the man of
limited means, the poor man. who firsi
suffers and suffers most, the man who
ies not the wealth to purchase immuni-
" or the prestige to command DEGREES.
IL inter- ~ any man IN the world who
re arless,. independent judiciary, Judges
" no wiz as against influence, power, po-
i " rfit or financial. interpret the law as
no means. His small holdino the honor
ms name. his liberty, even his life
a a. i" .Iad Gs !" w 1sopA wiii Il Ist SO, does ae he n'es Y IN
or political advisers? Does he
W ant 70 approach a tribunal above which
or s's nhs threat Of political humiliation
or punishment i repeat. the. man of
IN tinence. of means. may coontepd with
surh odds. but the humble citizen with
prestige or wealth can not do so.
g owe II TO ourselves and to posterity,
TO the Institutions under which we lie
inu above all TO the common people of
"a ~ country to see to it hat the ju-
- a dN INK n
setihlty can do so. beyond the reach of
~ ttuelice or any of the things which
ia'i. cloud the mind with passion or fear
,r dull the conscience to the highest de-
OF even handed justice.
Pleads for the People.
=, Mr- PRESIDENT. in order that what we
~ loI ine people may be permanent and
poneilciai, IN order that our honest pur-
pouses may not come back cursed with
ltaLty and impotency, let us not Ignore
me palnest dictates of reason and the
f spenaess PRINCIPLES evoked out OF all
.htse Years OF experience. While we
puisue with unwontcd zeal the abstract
,ishts OF man, we are at the same time
,ound TO remember mans nature. we
want uhcriy and popular government,
100 DE sure, but unless these are ac-
by wisdom and Justice. un-
,sserm there re goes along with all the
sense which takes note of d mans vices
~ Wen as his virtues our efforts will
sha az last In the misery of failure.
zen lei ns have an independent Judge.
re from n political fear. to interpret
me law as written unttl the people re-
more survive the demoralizing effect of
vice OF majorities in the admits
ALTON OF Justice than the kings courts
6ut. stand against the influence of
"Sir. we can never afford to forget
a repabii1 too, must have its eie-
its Independent Judiciary to con
true and annly 1t. A democracy can ,
he ~chanEefGl as the moods of a dav .
nd long endure. A republic must have !
l 1t She element of respect and rever- [
nee OF devotion to its institutions and c
,yalty TO rs traditions. II, too, must :
ITS affairs. Its memory of sacrifi~ {
s-~se{nething for which men are VIII b
~ 20 gle, II she time ever comes when I
le fundamental principles of our govern :
.eht as eElbodied In our constitution 0
I lonser hold the respect and reaitv G
q majority of our neople, popular r
,Fefnment win as ID fact not long SIR =
te THAI hour. The poor classes. the G
.erMorked and humble. those without q
attn ard standing, win cry for rest n
y cry Ter 70 In syn form Of governfucn -
p "a can give il 70 them. ] look ulNon e
iA~dereuQcnt Judiciary astho vsrv key- II
lng To- tAe arch Of popular e9vern- 9,
'nt without IL tho Wit. OF man nov -
Hes and neNcr can devise a popular 81
'ettt, OF government taat win lone @,
eeeet the riglts OF the ordinary citizen fr
Tribute to Supreme Court. ee
h1Ye often thought that II there %
Z s9ered .spot on tho face OF Goa's GO
iStevi hfoae SO by the institution Of VI
o.. IL l. IN front Cffha tpfInt.l ...I..- =,