Prejudices, fourth seriesMencken, H. L. (Henry Louis)
History
Prejudices, fourth series
Mencken, H. L. (Henry Louis)
American essays -- 20th century; American literature -- History and criticism; Literature -- History and criticism
Anglo-Saxon jurisprudence, is specifically nullified and made a mock of
in order to satisfy the frenzy of a minority of fanatics!
That contempt of court should be an offense standing outside the
purview of the Fifth and Sixth Amendments--that a judge should have the
power to punish summarily all deliberate floutings of his dignity--this
may be reasonably argued, though there are many sound considerations
against it. But that it should be lawful to convert some other and
wholly unrelated offense into contempt of court by a legal fiction,
and so get around the Fifth and Sixth Amendments by a swindle--this
is surely more than any sensible man would soberly maintain. When it
is maintained, it is only by persons who are trying to put men into
jail by processes that any average jury would revolt against--mill
owners eager to get rid of annoying labor leaders, coal operators
bent upon making slaves of their miners, Prohibitionists lusting for
the punishment of their opponents. The injunction in strike cases has
been a stench for years; it is, indeed, so bad that a large number of
Federal judges refuse absolutely to employ it. It is a worse stench in
Prohibition cases, for here it is becoming a formidable and favorite
weapon, not merely in the hands of property-owners who want to put down
strikes, but in the hands of criminal Prohibition agents who seek to
wring blackmail from their victims. In brief, it has become a dishonest
means of oppression for men who are even more dishonest than it is.
Certainly it is idle to talk of respect for the laws when such devices
have legislative and judicial sanction. No reasonable man, save he be
ignorant of their nature and purpose, can conceivably respect them.
If, on the ground that whatever is in the law should be given full
faith and credit, he maintains that they should not be resisted, then
he maintains that the Bill of Rights is no more than a string of empty
phrases, and that any shyster who invents a way to evade and abrogate
it is a jurist as dignified as John Marshall.
3
Public-domain text, read in full here on John Shaqi.
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