The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1913-06-19
JUDICIARY IS OPEN TO
HONEST, FAIR CRITICISM
Continued From First Pan.

spect for the city councils or ,oa,.
latures. II We judges are wrong -
mus holding city ordinances or stat.
utes To be void. the press ought 80
snow the people where we are wro,,,,
instead of berating the mdee o.
being I'm some indefinite wav .r.,,,a.,
10 the interests controlled h, ~
road attorneys. or in a close rel,,ia.
snip with the money trusts, so-called.
"hN is II that the press does not chou,
by arguments that the decision o,or.
throwing the city ordinance mr. CT.
ute was wrong, by presenting tho ran
sons why The ordinance or gtatu,o Il.
not in conflict with the constitutio,
or tue United States? How many OF
YOU gentlemen write such editorials
Some of You do, and some of Won do
not We all know that such cases ca,
rightly be carried to the S,,nrana
Court of the United States. and what
ever may be the decision of that pra,t
court all persons of all classes cheer
fully yield obedience.
herers TO California Act.
Take the recent cnactments in the
state of California with reference In
their alien statutes as RESPECTS the
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 Rut
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 n conflict between the statute and
the treaty. rs to which shall give way2
Can California or any other one state
ride down a treaty between this coup
try and Japan? | only say this for
an Illustration, and not as an express
sion of IN opinion with reference 10
the merits of the California legisa-
ton. But the constitution of the
United states says that this consti-
ton and all treaties made Hereunder
shall he the supreme law of the land.
and If a statute ard treaty are in con-
lict, that which is supreme must pre-
Judge Mcpherson said the better
class of newspapers and magazines Of
the country are often of great aid to
tho courts i'm bringing about desired
reforms i'm court procedure.
II repeat that II is the duty Of all.
including newspapers, To be respect
ful to the courts and of aid to the
courts in a deCorous administration
of public Justice. But it is idle to talk
TO the effect that courts in their pro-
Cedurc are not subject to criticism
We talk about the science of law II
is a science. but an inexact science.
For instance. the Supreme Court Of
the United States. with reference 10
the monopoly created 10y patents and
the sale of patented articles under
such monopoly, has within one year
handed down two decisions. the re-
suits being opposite holdings owing
To the different makeup of the court,
Md $50 it is with reference to many
other subjects Judges, like other
men of equal experience, equal I'm age.
or equal in learning, equal in fairness
of disposition, reach different conclu-
sions. Il Is 50 i'm all business affairs
Of life and will ever lac SO. of course.
Fixed Policy Is Unfair.
'rhe one weakness of the newspap-
ers lies in the fact that too many
new spapers predCtermine a fixed pol
icy of such paper, and determine IN
advance whether the holdings OF the
courts. If ono way or the other shall
he commended or disapproved ana
then the matter is taken mp by some
editorial writer whose name Is not
known To the public.
In speaking of courts, in the mann
have referred to the United states
courts. There are other abuses which
if fully expressed, would result Tor
the better"
In this connection. Judge McPher-
son spoke Of the treatment of jurors
and favored greater liberty for them
re said there should be no greater
occasion for having detectives toHP"