The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In 1902 a justice of the Supreme Court of Michigan was nominated
for re-election. There was an opposing candidate, some of whose
friends published a statement that in the nine years during which
the justice had already served he had written opinions in 68
railroad and street railway cases of which 51 were in favor of
the companies. He was re-elected, but some time afterwards this
fact was reprinted in a local periodical accompanied by the
remark that "we must conclude that either the railroad and
railway companies--4 to 1--had exceptionally good cases from the
standpoint of law and justice or his Honor's mind was somewhat
warped in their favor.... You can't expurge mental prejudice
from judicial opinions any more than you can from the reasonings
of theologians and atheists.... To imagine a justice deciding a
case against his personal interests is too great a stretch of
imagination for us to appreciate."
A less brutal but more dangerous attack, made in 1903 by a
religious newspaper, illustrates the same evil. The Supreme
Court of Nebraska has decided that under their Constitution the
Bible cannot be used in the public schools. It was, of course, a
pure question of the construction of a law, for the policy of
which the court had no responsibility. The newspaper in
question[Footnote: The Boston _Congregationalist_ of Oct. 3,
1903.] which, though published in the East, had some circulation
in that State, printed this paragraph:
"The Supreme Court judge of Nebraska who wrote the decision that
the State constitution prohibits the use of the Bible in the
public schools is standing for re-election, and the fact that he
made such a decision is not forgotten by the Christian voters."
In States the control of which by one of the great political
parties is assured, the real contest is for the nomination, and
here there is even more license for unfavorable comment on the
judicial record of one who seeks it. In a Southern State there
was such a struggle in 1903 for the nomination of the prevailing
party for Governor. The person who then held that place desired
it. So did one of the justices of the Supreme Court. It is said
that the friends of the former circulated a cartoon representing
the five justices together as five jackasses, and another in
which the justice whom they were trying to run off the field was
caricatured in the act of setting aside a verdict in favor of a
child injured by a railway accident. The two candidates
subsequently met upon the platform for a joint discussion of the
issues before the people. The Governor sharply criticised the
character of the Supreme Court. The judge caught him by the
collar and was about to strike him when friends intervened, and
an explanation of the remarks was made which was accepted as
satisfactory.
Public-domain text, read in full here on John Shaqi.
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