The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-06-23
Relations That Should Exist Between /
The Courts And Newspapers

ship with the money trust, so called
why Is it that the press does not show
BY arguments that the decision over
throwing the city ordinance or stat
ute was wrong. BY presenting the rea.
sons why the ordinance or statute is
not in conflict with the constitution
OF the United States? How many OF
You gentlemen write such editorials
Some Of you do, and some of you do
not. We all know that such cases
can rightfully be carried 10 the su,
preme court OF the United States, and
whatever may be the decision OF tina,
great court. all persons OF all ctasses
cheerfully yield obedience.
Take the recent enactments in the
state OF California with reference to
their allen statutes as respects thu
holding OF real estate. have no in.
formation as to whether that statute
is in conflict with the treaty between
this country and Japan, or not. But
can any man doubt what an homes,
and courageous judge will hold, IL the
case brought before him presents the
question, and such court finds there
Is conflict between the statute and
the treaty, as 10 which shall give wave
Can California or any other one state
ride down a treaty between this coun
try and Japan? only say this for
an illustration and not as an express.
Sion OF an opinion with reference tc
The merits OF the California legisla
lion. But the constitution of lht
United States says that this constitu
ton and all treaties made Hereunder
shall be the supreme law Of the land
and If a statute and treaty are in con.
h!ct. that which is supreme must pre-.
vail over that which is not supreme =
Judge Mcpherson said the bette,
class OF newspapers and magazines o.
The country are often OF great aid to
the courts in bringing about desired
reforms and court procedure.
Continuing, he declared that there
are 100 many receiverships, with at
torneys for the complaining party di
,rcctinS the officers.
The newspapers" he said. "as We:
with few exceptions. do not seem 10
have grasped this evil real or SUD.
I'dsed; sometimes it is II real evil, and
sometimes it is only a supposed evil:
but generally subjecting the courts 10
Il harmful criticism. If this mattel
were given greater publicity and the
reasons for and against receivers, the
result would be for the public good
as well as for the good OF Interested
parties.
i repeat that it is the duty of all.
including newspapers. TO be respect
'ul to the courts and of aid TO tn
courts IN decoroas administration
Of public Justice. But It Is idle to
talk to the effect that courts in thei,
procedure are not subject to critI
cism. We talk about the science OF
Jaw. 1t is a science. but an fueyact
science. For instance, the supreme
court of the United States, with ref
erence TO the monopoly created b;
patents and the sale of patented ar
tie'es under such monopoly, has with.
IN one year handed down two dec,
sions' the results being opposite hold
ings' owing to the different makc.u,
or the court. And so It Is with refer
ehce to many other subjects. Judges
like other men of equal experience:
equal In age, or equal in learning
equal in fairness of disposition, reach
different conclusions. 1t is so In all
business affairs OF life, and It will ever
be so, of course.
The one weakness Of the newspa.
pers lies in the fact that too man,
newspapers predetermine a fixed mol.
icy OF such paper. and determine IT
advance whether the holding of the
courts, If one way or the other. shall
be commended or disapproved, and
then the matter is taken up BY some
writer whose name is no,
known 10 the public.
In speaking of courts, In the main
! have referred TO the United States
courts. There are other abuses which
II fully exposed, would result for the
BETTER
In this connection. Judge McPhcr.
son spoke OF the treatment of Jurors
and favored greater liberty for them
He said there should be no greater
occasion for having detectives follow