Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-06-20

to their uttcrances. Their unfair
criticisms come from lack OF infor-
nation. They are too impatient to
strike.
in speaking OF the relations that
do, or ought 10. exist between the
newspapers and the courts. there arc
a number OF fundamental errors
which. like cobwebs. should be
brushed away. One OF these errors
Ia Ia the fact that a great many OF
the Judges seemingly believe that be-
cause they wear the robes OF office
they are and should be- beyond crlt-
cism. That IL failacy. believe as
much ~ does anyone IN maintaining
the dignity 81 the courts and that the
people should have respect for the
courts. hut a Judge must command
respect In some other way than by
making this arRumcnt. lie cannot
command respect ny becoming n re-
cIusc. nor by wearing silk hat or
morning frQck coat or white tie,
or by speaking IN cultural tones OF
voice"
Judge Mcpherson then gave In de-
tail his ideas of Judge. told how they
are sometimes criticised. and CON
tinued; Every time q judge holds
a city ordinance or a state statute
void. excitement follows. and the
| head of the Judge IN demanded for
the basket We are accused OF max.
ing laws: we are accused OF iegislat-
ing. we are accused OF having no re-
Hpect for the city councils or lagis-
latures. n we judges are wrong In
| thus holding city ordinances or stat
utes 20 be void. the press ought to
show the people where We are wrong.
Instead OF berating the Judge as
being ia some Indefinite way related
to the interests controlled by rail-
road attorneys. or In n close fellow
ship with the money trust. so-cailcd,
why n u that the press does not show
by arguments that the decision over
throwing the city ordnance or stat
ute was wrong by presenting the rca"
sons why the ordinance or statute "
not In conflict with the constitution
OF the United States? How many
81 you gentlemen write such editor
halls? Some Of you do. and some OF
you do not. We all know that such
eases can rightly be- carried to the
supreme court Of the United States.
and whatever may he the decision 81
that great court. all persons OF all
classes oheerfully yield obedience.
| Take the recent enactments In the
state OF California with refertnce TO
their alien statutes as respects the
holding of real estate. l have no IN
formation as TO whether that statute
n In conflict with tho treaty between
thls country and Japan, OF not. Bat
can any man doubt wha, an honest
and courageous Judge will hold. " tho
case brought before him presents the
question, and such court finds there
II "A conflict between the statute and
the treaty. az 10 which shall give
way Can California or any other
one state ride down treaty between
this country and Japan? only say
this for an Illustration. and not as
an expression of an opinion with ref
ercnce TO the merits Of the California
Legislation. But the constitution OF
the United states says that this con
sutution and all treaties made there
under shall be the supreme law OF
the laId. and II a statute and treats
are In conflict that which Is supreme
must prevail over that which Is mol
supreme"
Judge Mcpherson said the better
class OF newspapers and na gazines ol
tho country are often Il great aid IL
the courts In bringing abou; desired
reforms aud court procedure Con
tinuing. he declared that there are
Itoo many receiverships. with auor
neys for the complaining party d.
rocting the officers.
"The newspapers" he said, las yet
with few exceptions. do not seem u
have grasped this evil. real or sup
posed. sometimes II IN real eva
and sometimes Il N only supposed
evil: hut generally subjectlng th'
courts to harmful criticism.
this matter were given greater pub
li,Ity and the reasons for and againA
receivers. the result would be tot th'
public good. a. well as for the soo'
of Interested parties.
81 repeat that Il Is the duty of all
including newspapers. To be respee'lu
| To the courts and OF aid To the court
I'm "A decorous administration OF pun
, Nc Justice But Il n idle 90 tax u
the effect that courts In their pro
cedure are not subject tn criticism
, We talk about the science of law.
Is "A science. hut an inexact science
= For instance. the supreme court q
1 the United states, with reference Il
the monopoly created by patents AM
! the sale Of patented articles unde
, such monopoly, has within one yea
q handed down two decisions. the 20
o suits being opposite holdings. owin
: To the different makeup OF the cour'
/, And so Il IL with reference to man
= other subjects Judges, like othe
= men OF equal experience; equal IN age
or equal Ia learning equal In tair
. ness at disposition, reach ditteren
= conclusions. II In 80 In All cuisines
: affairs OF ne and q will ever be ~
. Of course.
"The one weakness OF the neNspa
n pers lies In the fact that too man
i, newspapers predetermine fixed poll
cy at such paper. and determine u
advance whether the holding OF IN
70 courts. u one way or the other shaI
% be commended or dlsapproved, an
then the matter Ii taken up by som
editorial writer whose name Is mo
/. known To the public.
| 4 L.. n. 81