The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-03-09

eontihlel tf6m pag
fati6n q departments 81 far as praetl.
Scatand the eaeryatidn Of clear lines
s0f division between them Is the funda.
mental idea IN the erection OF all our
constitutions, and doubtless the con
tinuance Of regulated liberty depends
on maintaining these boundaries"
Judges Not Representative.
These checks and balances, as has
beea pointed clit. inelbde the division.
Of the oFerlpdehti i9tos three ihdepeid1
seht hFaAch the legislative, execus
tive and the judiciary land the provi.
;siphs By which usurpltion By one ~
the functions OF anothercis forbidden.
The executive. while he is bound to
net in behalf Of all the people and to
regard their rights, is properly inau-
enced by that discretionary policy
which he was elected By his constit-
uents. to carry out, In that sense be
represents the majority Of the eleeto.
rate so. too, the legislative members
elected to. uphold certain government.
tai Views Of the majority VIII properly
favor the embodiment Of such .yiews
In valid legislation.
Bur the judiciary are not representa-
tive in any such sense, whether ap.
pointed or elected. The moment they.
assume. their duties they must enforce
the law as they find it. They must
not only interpret and enforce valid
enactments of the legislature accord
Ing to its intention, but when the legis
lature In It's enactments has trans
gressedy the Limitations set upon its
power In the constitution the judicial
branch iof the government must en-
foreh the fundamental and higher law
by apnuling and declaring invalid the
Offending legislative enactment. Then
the Judges are to decide between indi-
viduals on principles of right and jus
tice. The great body Of the. law is un-
Yflttea determined by precedent and.
founded ION eternal principles of right
md Eaprality.. This the courts have to.
declare aud eaf6fSe AS between the
individual and the Estate, as between
the majority and the minority. as be-
tween the powerful and the weak,
financially. socially politically, courts
must hold an even hand and give
Judgment without fearsor- favor. In
so doing they are performing gov
eFhmentdl function, but It is a com
iilete misund understanding of our form Of
government or any kind Of governs
Ementi that exaits justice and righteotsss
sless to .assume that judges are bound
to follow theswilt of tie majority Of /.
nm electorate 10 respect of the issue Sdrs
their decision. in many Gases before;
the judges tint temps ma jorlty Is:
81 rea! party to the controversy to be,
decided. \ It may be seeking to deprive
an ind tyidual or n minority Of d., right
secured by the fundamental law In
such a case. If the judges were mere
representatives or agents of the ma.
jority to carry out its will, they would
lose their judicial character entirely,
and the So called administration Of
justice would be a farce. - 81
Reform of Judicial Proeedurs. :;
Having made clear what the Sfunc-
ton of our courts is,under our fS;m of,
government IN maintaining the consti-
tutional guarantees of rights and in
preserving against the, usurpation of
the majority the rights of the nonvot-
ing part OF the people and Of the vot-
ing minority and,of the individual, we
come now to examine the charges
made against the existing system, 1
concede that the system is not perfect
or as good as It can and ought to be
made. 1 have been preaching for re.
form, especially in the enforcement Of
tie criminal law, for years. Then, toe.
l have pointed out in addresses and
( presidential messages the great need
for .cheapening the cost of civil litiga-
ton and eYpediting It. 50 as to put as
little n burden on the rOor litigaut as
possible. The defects in our judiciary
have not been IN tho corruption Of thu
judges but mainly in .'tAG procedure
md in the heIplcssaess OF, the judges
in Jury. dases to gssistin reaching right
Conclusions. The poYu,Gr Impulse has
been to ta'sa n%"r t6n ro~'e" from the
iu7cr NM - 's,t, g r'l - 80 i'7ry. and