Iron County register., 1922-08-24
Judge English's UnAmericanism.
tSt. Louis Post-Dlspatch. J

tSt Louis Post-Dlspatch.l
Among the recent unusual utter
ances of Federal Judge English from
the bench in East st. Louis, the most
extraordinary was his statement Tues
day that he would refuse to grant
further jury trials in contempt cases
against strikers and strike sympa-
thizers. He did not specify the au-
thority under which he contemplates
such action, and it is difficult to con-
ceive what the authority may be. The
constitutional right to trial by jury
has been regarded as unassailable; it
is one of the fondest of American
traditions.
But, more than that, it is expressly
provided by statute. Section 1889 of
the Federal statutes, in defining the
procedure in contempt cases, says:
"In all cases within the purview of
this act, such trial may be by the
Court, or, upon demand of the accus-
ed, by jury, in which latter event
the Court may empanel a Jury from
the Jurors then in attendance" To
make the provision more emphatic
and concise, the statute further states
that "such trial shall conform, as
near as. may be, to the practice in
criminal cases prosecuted by indict-
ment or upon information"
Nevertheless, Judge English con-
iessed himself personally affronted by
the action of the strikers counsel in
insisting upon jury trials, and went so
far in his choler as to disbar one of
them-a former United States Dis
trict Attorney-from practice in the
court. His sensitiveness is quite in
comprehensive, and it is hardly like
iy that higher court would shelter
his feelings at the expense ofa tunda-
mental civil right.
The remarkable vigor of the meas
ures which Judge English is taking to
uphold injunctions granted by him in
the rail strike is bound to raise the
question of just how far Fedora
court may go in such cases. Several
days ago he summoned the Sherifft
and States Attorneys Of three Illinois
counties before him and threatened
them with removal from Office be.
cause Of alleged interference with the
execution of restraining orders grant
ed by him
4 While it is obvious that the occu
pancy of state offices does not i'm
munize the incumbents against Fed
eral contempt proceedings, an at
tempt to remove them from office b,
, a Federal Judge would be an unheard
of procedure. 1t could only be ac
i complished-if at all-incidentally AM
by indirect means, under Fedora
statutes which never contemplate
such ends. The direct removal of
state officer is power not possesse
by a Federal court, nor should it be.
In 1921, Thomas Jefferson, out Q
) his great knowledge Of history an
} his amazing vision, wrote: eth
germ of dissolution Of our FEEDERS
i Government consists in the constitu
tion Of the Federal judiciary,
s working like gravity by day and b.
: night, gaining little today and lii
t tie tomorrow, advancing its noiseles
Il steps like thief in the night acros
d the field of jurisdiction, until all shal
. be usurped from the state and Cox
' ernment, and all be consolidated int
a one.n
d The language Of Judge English
! Iboth these recent cases was not sue
= as to Indicate calm and temporal
j state OF mind, and his ntterances, I
10 well as his brusk disbarment of A
lc torney Karsb, will not increase pop
id lar respect for the dignity Of Il
If, bench. But the important questi,
Y, is that of jurisdiction. The Post-Di
patch has warned Of the growi
W danger Of Capitalization, and has ca
Of ed upon the Governors to halt b
as march towards Federal empire. u