The true Democrat. [volume] (Bayou Sara [La.]) 1892-1928, 1913-01-04
The People the Pedestal.

PCA SthOASS VI VIC 6S'SL"ASAAI "NN'A
their eye; they ought to watch care
fully how these departments operate,
and they ought fearlessly to hold
them to account A representative
government requires this and without
i: must cease to exist. Nothing could
be worse in a republic than the
growth of the idea that any depart
ment of government is immune from
inquiry.
1t is proper that the people should
accord to the courts the highest tri'
butte of respect, and the reason Is
not because they are sacred, nor yet
because they are infallible in their
decisions, but because to. them the
authority Of the whole is delegated |
for the purpose of administering JUS
.ice, and the people will not permit
their authority to be insulted in the
person of the judges.
This is the true base under the
respect and esteem in which the
courts are held. 1t is sound. BY vir-
tue of this delegated power the
courts are clothed with dignity
} which the people will not permit any
man to violate.
An insult offered to the courts,
then, or a contempt of their authorl-
ty, passes through the judge and
J flicks the faces of those who have
) elevated him to the bench. lngenl-
GUS persons endeavor to put the res
pect which the court commands upon
other grounds, but they are all sub
" sidiary to this. We are told that the
. judiciary is entitled to more respect
than any other department of gov
eminent because it has neither a
: treasury nor an army at its back, ant
{ therefore it must come to the people
7 for the support Of its DEGREES. But
It must come to the people, in tht
I first instance, for its power to ac
I at all!
/ We are told, also, that criticism o
{ judicial decision necessarily lmphe
Z either that the Judge was lncompe
; tent or else that he was yenal. Blu
! immunity from criticism upon thl
I theory can apply to the courts onl
. when they are administering the LAY
- as they received it from the lawmaf
t1 ers. and not when they undertake t
e say what laws the people shall b
s permitted to enact.
s 1.-THE error Of the judge, when it
S caused not by any perversion OF In
s facts Of the case, but upon a wron
s evaluation, finds complete 5ustlflc
s ton on the score Of human imperfe
E tons, which, moreover, is shared
& him who judges the work OF u
s Judge" (Rosada).
E It Is clear to everybody that Wne
E courts are engaged in the difficu
S labor OF administering justice accoE
& ing to the laws which they have
E ceived they should be treated WI
& respect and sympathy rather tn
Z criticism. They do make mistake
s and these mistakes may result IN
s preston: but no human device is p'
VS. feet, and all machinery for the
ministration OF justice, however ca
fully operated, will at times We
some hardship.
| 1t is idle to suggest that the p
| pie in a republic have not the re
t. inquire into and discuss the a
OF every department of their cove
ment, and it is fatuous to insist u
any part of the machinery of a p
fame government is sacredly lmm'
from this inquiry.
"The people are not oollged
speak of the conduct, of their o
Gals in whispers or with bated bre
in a free government, but only
despotism. On the contrary, &
have a right to speak out in o.
discussion and criticism thereof;
only test being that they make
false statement; and this is the 81
safeguard of free government ant
pure government"
The courts are not so fragile,
does their dignity rest upon a
So false, that inquiry will be IN
to overthrow them. The pedestal
der them is the authority OF the
ple. and such base thelight will
cOrrode.
The people have the right to
49, fullest inquiry into the conduc
sk their courts. And when the pc
10y undertake to meet great ecor
aau,,,lo ksnr 1owc and