South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-11-20

suit Of his findings. is Just far another case OF
wish the father Of the thought running
amuck in an underestm alton OF the judges moral
stamina and legal acumen.
Judge Carpenters opinion IS not only that Of the
district OF Chicago it is concurred in by
Judge Fitzhenry Of the district court at Peoria
Those wish TO debate the question from that
standpoint may hold hard as they like. and as some
vets" do that the deoisions-because
against them-are based upon personal prejudice
rather than the Law. but debate hard hey like.
the principles upon which they have acted are as
old the hills. and will live long after intoxicating
liquors a beverage have been quite forgotten.
However neither Judge Carpenter nor Judge
Ftzhenry were before accused OF being espec-
tally dry" and the cases which they were called
upon 20 decide were taken before them quite par
ticularly for that reason Their concurrent finding
that Legislation restricting personal liberty may be
passed If the whole munity is benefited. and
that it is taking property without due process
OF legslate against its being used for immor-
al or community disrupting purposes" is bound
ring true 10 any whose thirst hasn't his brains
TOO badly gutted-and we wouldn't be surprised if
the principle might not be carried along APP
piled in the interest of the community with refer
the preservation Of evidence to be employed
in bringing offenders Of such legislation TO Justice
When judges supposedly wet" and picked for
their "wetness" TO preside hearing involving
such an issue have such moral respect for the law
and the legal acumen it. the compliment their
due becomes reassuring II is Furthermore a splen-
did Endorsement OF the federal judicial system, by
which judges through life appointments are pro-
teeted against the wies of politics One hardly
conceive of either Judge Carpenter or Judge Fitz-
henry in the this decision using their office
to pay political debts party that had
in The tfOuO Of
ernmental skullduggery
Paying political debts using their office to
protect political chicane. is altogether to common
among judges that obliged TO depend upon
parties and occasional campaigns, to keep them in
office. Corrupt officials. and particularly Of
playing politics with vioators of the pro-
hibition law. have all often dragged the courts
into their connivances.
sometimes, judges supposed to be dry
from their long sober faces and angelic pretenses
church memberships and sanctifed ars,-though
able. after sufficient research, dabbling along
through months. to some legal skeleton upon
which to hang their corrupt judgments-have dis
graced otherwise honorable play the
game of politics
Just a sad commentary on the spinelessness of
certain characters; of occasional judges who with
the spoils political obligations of office before
them, unable to stand up against them-pre-
ferring to stuItfy themselves and the ermine to
which they have featy, rather than be what
politicians call an migrate" when a man has the
honor to be true TO his trust.
Indeed. in some parts of the country, particularly
since the fight prohibition has been rife.
tain of such judges have been entertained to re-
strain judges otherwise inclined. from using
the machinery of their render effective the
legislation such the Judges Carpenter and Fitz-
henry held worthy in the scale OF community well
fare. To the credit OF these men, sanctfed in
parison though supposed to be wet" they took to
the community welfare first and the 'aw with that
in view, not hard TO find TO upheld IT,
We anticipate that the booze interests may even
tualy learn of the uselessness of monkeyng with
the federal courts. save to judges which they
positively own, though to the state courts still
subject TO liquor influence they may filter On-hd-
ing beneath their judicial wings.
Now that the movies to abolish cafe and bar
room scenes, TO believe that the bold bad