The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-02-02
JUDGES AND JUSTICE

There is little reason for surprise at the opinion
of the Supreme Court of Tennessee in holding the anti
evolution law constitutional and letting Scopes go free
on a techncaty. 1t would have been more surprising
if they had kicked the fool law overheard.
1t is to be presumed that the judges of that court
are educated and intelligent men; otherwise they
wouldn't be the Supreme bench. Being educated
men, they know that have learned whole lot more
about astronomy and biology in the few thousand
years than was known when the book of Genesis was
written. And they know what doesn't have to
believe he is the neal descendant, or ascendant of
monkey to believe in the theory of evolution.
But those judges are human beings and politicians
as well educated men. They have to be elected by
the people Of Tennessee in order to become judges of
the State Supreme Court. And that law enacted
by Legislature elected by and supposed to be rep
resentatve Of the intelligence and the will Of majority
of the people of the State.
1t might have been heroic on the part of the
judges to be guided by their intelligence learning
but it might have been politically suicidal the same
time; and must not expect the heroism of learning
in politically elected Judges When Ignorance saves
ones job tbs folly to be wise.
What seemed cowardice to merely po-
ltica discretion And the effect isn't bad after all.
There is some good in the people generally losing their
notion that judges nfallble or at least made of
different clay than that from which the rest of us are
made.
Judges, whether Federal State are no different
in human qualities than justices of the peace con-
stables, bricklayers editors bod preachers
They work at another trade to be sure but they are
not judges by divine right.
They get it by count of Democratic and Republican
noses, If there are more Democratic noses than Re-
publican noses, Democratic politician lands on the
bench. Nor does his human character change when he
covers 1t up with black robe If he just man
before the political counted he will be a
just judge the bench. If he political crook
before election, he will probably be political crook
on the bench.
Public opinion sways judges just it sways Gov
ernors, Senator's congressman and State legislators
Even the august Supreme Court of the United States
has been known to change its official mind with a
corresponding change in public sentiment The bred
Scott decision isn't the only instance. The constu-
lionallty OF the income tax law changed over night
when merely one little judge changed his mind
On some issues before the Supreme Court it ism t
difficult to figure out what the decision and the vote
viii be- All you have do is to figure out what the
mental slant of of the judges was before thew
got on the bench; for opinions of Supreme Court
are determined by count of We have had nu.
merous decisions when there five noses one vav
and four another. Many minority decisions of TODAY
will be regarded better law in the future than the
majority decisions.
Anyhow, the Tennessee judges were human. and
it's just as well. Public sentiment in Tennessee will
change on evolution with the progress of education
and Supreme Court decisions will change with It. Ig
norance can't be set i'm for all time Tennes
see has so many splendid people among it's citizenrv
including the Fundamentalists that will continually
evolute toward higher and higher standard of en-
lightenment,