The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-01-06
MARTYRDoM BY PROXY.

Ii is impossible not 10 sympathize
with Colonel Roosevelt s criticisms OF
| the Idaho Supreme Court. Those critl-
cisms are severe, but severity befits
the occasion. The punishment of the
| Capital News men in Boise by the
courts is undoubtedly the most narrow
minded sort of jealous persecution.
The Court made itself the accuser, the
Judge, and the executioner. It is no
more than fair 10 call that court, rs
Colonel Roosevelt does. an instrument
more powerful in the way of propagat-
ing the recall idea than any anarchists
propaganda that might be instituted.
No act or instance more serviceable to
Colonel Roosevelt in his anti-court
propaganda could possibly be imagined
than this action of the Idaho Supreme
Court. The punishment of those news
papermen was so absolutely unJustifia'
bic, so tyrannous an exhibition OF arbi-
trary power, so offensive an exercise
of despotic rage, that it gave Colonel
Roosevelt the very handle that he
wanted to push his recall proposition
for judges and for decisions of courts.
A horrid example was wanted by him
TO push his argument. and the Idaho
court has furnished him that horTid ex-
ample Colonel Roosevelt is entirely
justified in every word that ho has said
in denunciation Of that court. Ho
could even have said more and still
have been within the bounds of proprie
ty, so outrageous an offense has that
court committed.
At the same time. we confess to a
lack of appreciation Of the personal
conduct OF Colonel Roosevelt in this
matter He sympathizes with the vic
tins or martyrs to his cause, but he
does not show any disposition toward
martyrdom himself. He is martyr by
proxy only. But he is the one whose
words gave occasion for the unjust and
unfair act OF the court, There seems to
be doubt whether any relief can be
had for those newspapermen, since they
are residents and citizens Of Idaho. But
if Colonel Roosevelt would go to Boise,
submit himself to the temporary pro
cess OF the Idaho State Supreme Court,
and take upon himself the burden of
martyrdom OF punishment, he would by
that act show himself to possess the
true mettle of spirited statesman;
and in that case there is no doubt bu:
that the jurisdiction might be trans
ferred to the Federal Courts, and thon
we could have an authoritative inter
probation OF the guarantee of the Fed
eral Constitution for q free press.
The victims OF injustice in Colonel
Roosevelt s cause do not seem able to
senseIess punishment inflicted BY the
Court, but Colonel Roosevelt, by going
to Idaho and inviting the proceedings
of that Court direct upon himself, could
open the question up in such way as
would bring the whole matter to a. con-
stitutional test. We trust that the Col
onel will not fail his friends in Idaho
in this matter, but viii come to the
front, shoulder the burden OF his own
and by so doing bring the mat
ter TO form OF adjudication that would
be both satisfactory in its tests and
complete in its results. Clearly. Colonel
Roosevelt owes it to himself to assume
the responsibility Of his own words. In
no other way can he do this, and prove
himself heroieally true to his friends, |
than in the manner suggested. Tho Fed.
eral Courts undoubtedly would afford
relief from any punishment that the
Idaho Supreme Court might undertake
to inflict upon Colonel Roosevelt, so
that no is really running no risks. but
by little personal inconvenience he
can vindicate great principle nobly
and fully. Let him go to Idaho and DO
the snT3re thjon by- his fr;en5s