Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-03-09

So to, the legislative members elected |
to uphold certain governmental view |
Of the majority. will properly favor /
the embodiment Of such views in valid |
legislation. But the judiciary are not
representatives in any such sense, |
whether appointed or elected The
moment they assume their duties they
must enforce the law as they find it.
They must not only interpret and en-
force valid enactments of the legis-
lature according to its intention, but
when the legislature in its enactments
has transgressed the limitations set
upon it's power in the constitution,
the judicial branch of the government
must enforce the fundamental and
higher law by annulling and declaring
invalid the offending legislative en-
ailments. Then the judges are to de-
eide between individuals on principles
Of right and justice. The great body
of law is unwritten, determined by
precedent and founded on eternal
principles Of right and morality This
| the courts have to declare and enforce
AS between the individual and the
state, as between the majority and the
minority, as between the powerful and
the weak, financially, socially, polite
ally, court must hold an even hand
/ and give judgement without fear or
| favor. In so doing, they are perform
/ ing a government function, but it is
complete Misunderstanding Of our
form of government, or any kind of
! hof Nd
righteousness, TO assume that judges
are bound to follow the will OF the
majority Of an electorate, in respect
OF the issue for their decision. In
many cases before the judges, that
temporary majority is a real party to
the controversy to be decided. It may
be seeking to deprive an individual
or a minority of a right secured by
the fundamental law. In such a case
IL the judges were mere representa-.
tive, or agents OF the majority to car
~ out It's will, they would lose their
judicial character entirely, and the so
called administration of justice would
be farce.
Reform Of judicial Procedure.
Having made clear what the func-
tons of our courts is under our form
. OF government in maintaining the
constitutional guarantees of rights anC
in preserving against the usurpatior
of the majority the rights of the non
voting part of the people and of th'
voting minority and OF the individual
we come now to examine the charges
made against the existing system.
concede that the system is no
perfect or as good as it can and ough
to be made. have been preaching
for reform, especially in the enforce
: ment of the criminal law, for years
3 Then too, l have pointed out in ad
E dresses and presidential messages, tn
] great need for cheapening the cost o
civil litigation and expediting It so a
+ to put as little burden on the poor lit
CANT as possible. The defeats in on
e judiciary have not been in the corrup
/ ton of judges but mainly in the pro
: cedure and in the helplessness Of tn
= judges in jury cases to assist in reach
9 ing right conclusions. The popula
Il Impulse has been to take away tn
8 power from the Judge and TO give
y all to the jury. and this has not bee
l. for the public good in the enforce
ment Of the criminal law. Such de
feets as have described are con
s pleteIy within the control of the legi:
n latures OF the state and congress. an
/. am glad to say that the movemer
d for reform has been accelerated by al
+ ton OF the state and national bar a.
u sociations, and we may look for d
n. cided progress in the near future.
"a But these humdTum defects an
% their tedious remedies are not OF II
u. spectacular character to call for polit
" cal discussions or to attract effort fro
Is politicians in the passage OF remedii
D. legislation. The formidable attae
a upon our judiciary now is that Il