Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1913-06-19
INTELLIGENT CRITICISM OF ALL
COURTS IS INVITED, DECLARES U.
S. JUDGE AT MEETING OF EDITORS

uetah ms lueas OF Judge, told
how they are sometimes criticised and
continued Every time Judge
holds city ordinance or state
statute void, excitement follows, and
the head Of the Judge is demanded
for the basket We are accused Of
making laws; We are accused Of leg.
islating; we are accused of having no
respect for the city councils or leg,
islatures. If we judges are wrong
in thus holding city ordinances or
statutes to be void, the press ought
to show the people where we are
wrong.
Instead OF berating the Judge as
being in some indefinite way related
TO the interests, controlled by rail.
road attorneys, or in a close friend.
ship with the money trust, so called
why is II that the press does not
show by arguments that the decision
overthrowng the city ordinance or
statute was wrong, by presenting the
reasons why the ordinance or statute
is not in conflict with the constitu.
tion of the United States? How many
of you gentlemen write such edi
torials? Some of you do. and some
OF you do not We all know that
such cases can rightly be carried to
the supreme court of the United
States, and whatever may be the
decision Of that great court. all per.
sons Of all classes cheerfully yield
obedience.
Take the recent enactments in the
state Of California with reference to
their alien statutes as respects the
holding Of real estate. | have no in.
formation as TO whether that stat
ute is in conflict with the treaty
between this country and Japan. or
not. But can any man doubt that an
honest and courageous Judge will hold
If the case brought before him pre-
sents the question. and such court
finds there Is a conflict between the
statute and the treaty, as to which
shall give way? Can California or
any other one state ride down a
treaty between this country and ia
pan? | only say this for an illustra.
tlon and not as an expression of an
opinion with reference to the merits
of the California legislation But the
constitution of the United States says
that this constitution and all treaties
made hereunder shall be the su-
preme law Of the land, and II stat
lute and treaty are In conflict, that
which is supreme must prevail over
that which is not supreme"
Judge Mcpherson said the better
class of newspapers and magazines
OF the country are often Of great aid
to the courts in bringing about de
sired reforms and court procedure
Continuing. he declared that there
are too many receiyerships. with at
torneys for the complaining party di
recting the officers,
"The newspapers. he said, "at
yet. with few exceptions, do not seen
to have grasped this evil, real oi
supposed; sometimes Il is a rea
evil, and sometimes It is only {
supposed evil; but generally subject
ing the courts to a harmful criticism
II this matter we're given greater
publicity and the reasons for and
! against receivers the result would b.
for the public good, as well as for thu
good OF interested parties,
81 repeat that ii is the duty of all
including newspapers, to be respect
! ful to the courts and of aid to th'
courts in a decorous administrator
3 Of public justice But is is idle t,
. talk to the effect that courts In thet
: procedure are not subject to crit
? cism. We talk about the science o
t law. 1t is a science, but an inexao
il science. For instance. the suprem
: court of the United States, with refei
k ence to the monopoly created by pa
r ents and the sale Of patented article
; under such monopoly, has within on
/. year handed down two decisions, tn
/ results being opposite holdings, oV
s ing to the different makeup OF tn
r court And so II Is with referenc
/. to many other subjects Judges lik
o other men Of equal experience; equi
in age, or equal In learning, equal
It fairness OF disposition, reach diffe
e ent conclusions II is so In all bu
e mess affairs OF life, and It will eve
s. be so, OF course,
b. "The one weakness OF the newsp
N pers lies in the fact that too man
Ie newspapers predetermine a fixed pc
q icy of such paper, and determine
Y advance whether the holding OF u
n. courts. II one way or the other, sha
II he commended or disapproyedr an
lie then the matter is taken up by son
10 editorial writer whose name is NJ