The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-19
JUDGE EXPLAINS.

CONTINUED from Page One-l
CAL Most newspapers, like most men,
are sincere as to their utteranceS. Their
unfair criticisms come from lack OF
information. They are too impatient
to strike.
Criticises Judges.
I'm speaking OF the relations that
do, or ought to, exist between the news
papers and the courts, there are a
number of fundamental errors, which,
like cobwebs, should be brushed away.
One of these errors is in the fact that
a great many of the judges seemingly
believe that because they wear the
robes of office they are and should be
beyond criticism. That is faIlacy. I
believe as much as does anyone in
maintaining the dignity of the courts
and that the people should have re-
spect for the courts. But judge must
command respect in some other way
than by making this argument. He
cannot command respect by becoming
a recluse, nor by wearing silk hat
or a morning frock coat, or white
tie, or by speaking in cultural tones
of voice"
Demand Head of Judge.
Judge Mcpherson then gave in detail
his ideas of judge, told how they are
sometimes criticized, and continued:
Every time a judge holds a city or
dinance or a state statute void, excite
ment follows, and the head of the
judge is demanded for the basket. We
are accused of asking laws; we are
accused of legislating; we are accused
of having no respect for the city coun-
ellis or legislatures. 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.
Wants Editorials on Law.
Instead of berating the Judge as
being in some indefinite way related
to the interests controlled by railroad
attorneys, or in a close fellowship with
the money trust so-called, why is it
that the press does not show by ar
guments that the decision overthrow
ing the city ordinance or statute was
wrong, by presenting the reasons why
the ordinance or statute is not in con-
f1ict 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 rightly be
carried to the supreme court of the
United States, and whatever may be
the decision of that great court, all
persons of all classes cheerfully yield
obedience.
California Land Law.
TAKE the recent enactments in the
state of California with reference to
holding of real estate. I 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 honest and
courageous judge will hold, if the case
brought before him presents 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 coun-
try and Japan? 1 only say this for an
illustration, 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 supreme law of the land, and If
statute and treaty are in conflict, that
which is supreme law 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 desired
reforms and court procedure.
Too Many Recciverships.
Continuing, he declared that there
are too many receiverships, with at
torneys for the complaining party di-
recting the officers.
"grhe rewspa pers," he said 'as yet,
with few exceptions, do not seem to
have grasped this evil. real or sup
posed; sometimes it Is a real evil, and
sometimes 1t Is only a supposed evil;
but generally Subjecting the courts to
a harmful criticism. If this matter
were given greater publicity and the
reasons for and against receivers, the
result would be for the public good, as
we'll as for the good of interested par
ties.
Be Respectful to Courts.
'I repeat that it is the duty of all,
including newspapers, to be respectful
to the courts and of aid to the courts
in a decorous administration of public
Justice. But it Is idle to talk to the eff
feet that courts in their procedure are
not subject to criticism. We talk about
the science of law. 1t is a science, but
an inexact science. For instance the
supreme court of the United States
with reference to the monopoly created
by patents and the sale of patented ar
ticles under such monopoly, has with
in one year handed down two de-
cisions, the results being opposite hold
ings, owing to the different makeup of
the court. And so it is with reference
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 af-
fairs of life, and it will ever be so, of
course.
Predetermined Policy.
THE one weakness Of the newspapers
lies in the fact that too many news
papers predetermine a fixed policy of
such paper, and determine in advance
whether the holding of the courts, if
one way or the other. shall be COM
mended or disapproved, and then the
matter is taken up by some editorial
writer whose name is not known to the
public.
I'm speaking of courts, in the main
have referred to the United States
courts. There are other abuses which,
if fully exposed, would result for the
better"