The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The powers of judges have been on the whole increased. The only
matter in which they have been substantially cut down is that of
punishment for contempt. Serious attempts have been made to
abridge their jurisdiction over injunctions, but without success.
These attacks have come from those representing certain labor
unions. The more thorough organization of working-men in all
trades and callings during the last half century, and the
development of collectivism as a working theory, have produced a
class of leaders among them who regard the courts as manned by
representatives of capital and controlled in the interests of
capital.[Footnote: The number of the _Pennsylvania Grange
News_ for Sept., 1904, states this view at length.] As a
judicial office can only be properly filled by one who has had a
legal education and as, aside from a few petty magistrates and
local tribunals, practically all our judges are trained lawyers,
it necessarily follows that they cannot belong to the class of
working-men in the general acceptation of that term. Their
education has cost money and is generally the fruit of capital.
The judges of the higher courts are usually men of some means.
If they were not, they could not have afforded to accept their
places. But the people at large do not believe that only the
poor man can be relied on to deal justly on the bench. The mass
of working-men do not believe it. They do believe that courts
have too much power over them in their associated relations.
They are in favor of cutting off the right of issuing injunctions
to suppress boycotts or "picketing" in case of strikes. But they
know that it is from the legislatures and not from the courts
that this must be sought.
The federal judges stand higher in public estimation than the
State judges of corresponding rank. This is partly on account of
the paramount authority of the government which they represent.
It is partly also because there are none of them who occupy the
lower grades of judicial station with a petty jurisdiction over
petty controversies. It is more because of their permanence of
tenure. This removes them from that field of criticism which
surrounds every public officer who holds for a term limited in
duration, and is always in the position of a candidate for
re-appointment.
Our methods of judicial appointment are not such as always to
exclude political feeling from the bench either of the States or
of the United States, but the people know that there is less of
it there than in any other department of governmental action.
President Hadley of Yale University has thus expressed what is
the general view of the work of the courts held by thoughtful men
in the United States; and it is they who in the long run form and
lead public opinion.
Public-domain text, read in full here on John Shaqi.
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