Evening times-Republican., 1913-06-26

people. to whom are committed ~ well
as the rights Of their constituents to an
upright and honest judiciary and the
honor and character Of judges who are
presumed to have done their duty.
No Opportunity for Defense.
In the meantime. the examiner i'm
parts to the judge no information what
ever of any complaint. There is then
no chance for defense. even If defense
to an unauthorized inquisitor was not
| unworthy Of the judicial station. Who
then can forecast the report the ex-
aminer will make? When it will be
made is equally uncertain. Finally the
attorney general himself informs the
public in the most public way, that no
charges have been preferred, but, alas,
| the harm, irremediable, causeless, cruel
harm ts done.
This method is very, very recent.
1 dare declare that no other could be
more offensive to the chastity Of judi
cial vigor. With experience of four
years in the service Of my state, and
thirty -four years in the service of my
country. declare that no other pro-
ceeding can be SO destructive of the
confidence and support accorded the
y
ii proper with the district judge. Il IS
equally proper with the judges Of the
supreme court sof the United States.
For action less directly in the presence
of the court. less interfering with the
administration of justice. men have
been convicted for contempt of court
and the conviction sustained. 1t is in
deed to place the judge at the mercy,
mr. nj of "a h,,f of H.
ordinate of an executive department.
II is a continental and not an Amer
lean method. Aye, it is more Russian
than American. Then too, there Is no
end to il.
The Investigations Of the judge may
also follow for each successive year.
Does it not trench upon the supreme
privilege of the representatives of the
people? Is it not violative of every
we'll known principle of our constitu
tion to secure the independence of the
CO. ordinate branches of our govern
ment? Surely this method has grown
thru the action Of sub -ordinates and
the non observance, rather than the
orders of the lawyers who fill the sta
ton Of attorney general. Will the at
torney general long permit such con-
country? Do we dread constitutional
investigation? No.
''Falsus honor juvat
Et infamia mendaX ferret
Quem sed mednosum at menda-
cem.'
Deeadenee Of the Judiciary.
TO endure such an ordeal as that
II have but feebly portrayed, without
suffering the most intolerable. the
judge must have the hardihood of :,
head hunting Iggorote or Patagonian
savage. And shall this un- American
method continue? BY it and similar
aggressions upon the dependence Of
the judiciary shall the august fabric
which Marshall and the great judges
who held with him have builded; amid
the cursings Of the mob. the jeers of
the hoodlums amid the mouth:ngs of
the demagogue crumble into nothing
ness? The independence of the judges
is the chief felicity of the constitu-
ton. Will have now be asked to crook
the pregnant hinges of the knee that
thrifty may follow fawning? No great
er curse can be inflicted upon the ma
ton said John Marshall than cring-
| ing and dependent Judiciary II. the
magistrate TO whom the judiciary
power of the nation is entrusted shall
| be dragged down from the serene re-
serve they now maintain If they must
! be subseryient to the politicians who
| hold department offices, then truly
the noble. notice. Let justice be done,
tho the heavens fair will be sup
planted by the odious slogan, ITO the
victors belongs the spoils," and the
high judicial station, once the glory OF
the nation, will become the ignoble
need of the party strife. Forget not. my
brethren, that the dignity OF our noble
profession depends upon the undehled
purity and the righteous authority OF
the courts wherein you are the priests
of justice. Your courts degraded and
enthralled. your judges prejudged, un-
certain, timorous. trembling before
partisans in office and before that
many headed monster the mob,
wherein lies your safety, your repose
of mind, the glory and honor OF our
noble profession and the security of
liberty itself? First to feel the change,
you will be the most constant suffer
ers and the last to suffer. ls 1T not
then your duty to stand by the sys-
tenn our fathers framed: Stimulate, If
you please, your Jaw TeloIileI " iHci
1t the pride and rival the achievement
Of Napoleon, who is his darkest hour,
despite the memories Of Lodi, Maren-
go and Austerlitz exclaimed, I shall
90 down TO posterity with the code in
my hand.
Let this be your ambition and the
purpose of the great sane. 1udiclous
| patriotic masses Of our countrymen
and in the prophetic words of great
American lawyer: Judges will be ap-
pointed and pass away, but whoever
comes and whoever goes. the court re-
mains, strong in their traditions, con-
| secrated by their memories, fortified
by steadfast support Of their profes-
sion around them, anchored in the
abiding trust of their countrymen, they
T! will go on and still go on, keeping
alive thru many century that we
shall not see the light that burns with
constant radiance upon the higher al
tar of American constitutional JUS
tice."
crsston Councilman Missing.
! Creston. June 26.-G. S. Perry, prom
inent grocer. member Of the city coun-
Gil, and formerly president of the Busi-
ness Mems Club, has mysteriously dis
appeared