The Barre daily times. (Barre, Vt.) 1897-1959, 1913-06-23

interests, controlled by railroad attor-
neys, or in close fellowship with the
money trust, so called, why is it that the
press does not show by arguments that
the decision overthrowing the city ordi-
nance or statute was wrong, by present.
| ing the reasons why the ordinance or
statute is not in conflict with the con-
stitution 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 SUI
preme court of the United States. and
whatever may be the decision of that
great court, all persons of all classes
cheerfully yield obedience.
Take the recent enactments in the
state of California with reference to
their alien statutes as respects the hold
ing of real estate. / have no informa-
tion 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 cour-
ageous judge will hold, if the case
brought before him presents the ques-
ton, and such court finds there is a
conflict between the statute and the
treaty as to which shall give wayg
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 reference to the mer-
its of the California legislation. But
the constitution of the United States
says that this constitution and all
treaties made Hereunder shall be the
Ia, Is Ia a,,I a Stat-
ute and treaty are in conflict. that which
is supreme must prevail over that which
is not supreme.
Better Newspapers and Courts.
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
Continuing, he declared that there are
too many receiverships, with attorneys
for the complaining party directing the
officers.
The newspapers he said, 'as yet,
with few exceptions, do not seem to
have grasped this evil, real or supposed;
sometimes it is real evil, and some
times it is only a supposed evil; but
subject the courts to a harm
full criticism. If this matter were given
far greater publicity and the reasons for
and against receivers, the result would
be for the public good, as well as for
The good of interested parties.
II repeat that it is the duty of all,
including newspapers, TO be respectful to
he courts and of aid to the courts in
decorous administration of public JUS
ice. But it is idle to talk to the effect
hat courts in their procedure are not
ubiect to criticism. We talk about the
cience of law. 1t is science. but an in
xact science. For example the supreme
curt of the United States, with refer
nee to the monopoly created by patents
nd the sale of patented articles under
uch monopoly, has within one year
anded down two decisions. the results
eing opposite holdings, owing to the
ifferent makeup of the court. And so
is with reference to many other sub
scts. Judges, like other men of equal
Experience; equal in age. or equal in
'arning, equal in fairness of DISPOSE
on, reach different conclusions. II is
in all business affairs of life, and it
i'll ever be so. of course.
THE one weakness of the newspapers
es in the fact that too many news
ers predetermine fixed policy OF such
iper, and determine in advance wheth-
the holding of the courts, if one way
the other, shall be commended or dis
,proved, and then the matter is taken
, by some editorial writer whose name
not known to the public.
I'm speaking of courts, in the main. /
I'VE referred to the United States
urts. There are other abuses which,
n
tier"
In this connection, Judge Mcpherson
oke of the treatment of jurors and
vored greater liberty for them. He
id there should be no greater occasion
r having detectives follow jurors than
follow judges.