The Washington times., 1912-12-13
JACKRABBlT JUSTICE.

Idaho editors who condemned the Supreme Court
of that State for its hairspltting decision keeping
the Progressive electors names of the printed ballot
have been cited in contempt proceedings. At Chi.
cago Colonel Roosevelt related the history Of that
Judgment which long after the ardor of campaigning
has cooled continues to exasperate the public against
the Idaho judges. One speaker was cheered when
he said that the authors of the decision should be
wearing stripes.
The Idaho court gave broad construction Of the
loose election law so as to permit the Democratic
and Republican electors to appear the Presiden.
tial ticket. When it came to the Progressive
electors the court applied rigid rule which kept
their names off the ballot. In doing it was neces-
sary for the Idaho judges to hold that electors were
national officers thus reversing the settled principle
of the United States Supreme Court that electors are
State officers.
Some idea Of the extent to which public sent.
ment was outraged by this Idaho decision may be
gained from the knowledge that $4,000 voters Of
that State took the pains to write on the ballot the
names Of the Roosevelt electors As much less than
100000 votes were cast, the performance OF this
feat will be appreciated showing how the Su.
preme Court affronted public opinion with an act
of injustice Wilson's plurality over Roosevelt was
5000 and Tafts plurality Roosevelt was 1000.
Most people will believe that the result Of the
election would have been different if the Progressive
party had not suffered the crushing handicap loaded
upon its candidates by the State Supreme Court.
Acquaintance with these facts makes it under.
standable why the popular cry in Idaho is that the
fur of the ackrabbt ought to be substituted for the
conventional ermine. In view of the facts it is a
question whether that is fair to the jackrabbit.
The contempt shown for the Idaho Supreme
Court is not the result of hasy and hotheaded CON-
k,, d;coo &c hoSoH q
wholesome indignation against act typical Of that
judicial injustice which undermines confidence in
American courts.
In the particular case in point the wrong done is
ireparabe but the protest registered against it by
party of 100000 voters is protest against de.
plorable tendency by judges Of the Idaho breed all
over tine country.
| One Judge is now under impeachment before the
| United States Senate. Some have been driven of
the bench. Few have dared to 60 such lengths as
the Idaho judges. But many who have some SEM
blance OF fear for public opinion have given verdict:
quite as harmful to the public welfare as the de-
cision which sought to disfranchse great body o
voters in Idaho which undoubtedly did disgust ane
dsfranchise thousands Of them, and which certainly
inhamed the just wrath Of millions of the American
people.
Judges who are willing to condemn wise law!
under cover Of protecting constitutions, and equally
ready to uphold vicious legislation by stretching bat
precedents, have been raised to the bench in NOR
States than Idaho They have gained their seat
through the workings Of bipartisan Boss agreement
and the influence of special privilege lawyers in con
troll of fake independent" or bar association move
> mcntS.
! II all the people who feel deep contempt 70
judges of the Idaho breed, and for judges whose con
p duct is almost as shocking as that of the ldah
n Supreme bench, to be sentenced to Jail ther
k would not be room in all the American prisons t
n lock them up. The movement for the recall o
, judges is surely not impeded by an example Of judi
cial and effrontery sucn the calm delibera
ton of the after-elecon Progressive conference ha
e unsparingy denounced.