Show DEAD IDEA REVIVED 1 ONE NE of the characteristic theories of the judicial oligarchy that is rapidly disappearing was the I fallacy that a judge could prevent dissemination of i information concerning the proceedings in his court I This theory was based upon the tho B supposed divine inI infallibility in in- I I fallibility that at once clothed the ordinary la lawyer er when he stepped from the tho ranks of his profession to the ilie sacred bench It was vas an amusing anachronism a a. survival of tho the ancient principle that the king could do no DO wrong A A. judge being essentially right Tight and aid incapable incapable int in in- t capable of error it naturally followed that suppression I of the h record of his official acts nets could not lend itself to injustice ee I That archaic idea is rapidly vanishing into the limbo where repose the auto da do fe Ic the rack the thumbscrew thumbscrew thumbscrew thumb thumb- screw and the absolute power of monarchs under God t I over the tIle life and property of their subjects It could I J not withstand the advent ent of the tho printing press and I magnetic telegraph Only occasionally does one one find finda i a reactionary judge that still stubbornly and fatuously a asserts its survival nl Such an one is a Memphis jurist I who recently jailed a newspaper publisher who i tho judges order not to publish the proceedings of I a a n trial in his court S The columns of the newspapers are practically the theS j S only at least they arc are the thc only pra practicable tic ble means h by which the judges judge's masters masteN the people learn whether he is s properly serving them They can estimate the I m measure asure of his probity and efficiency only by S I ing Ills liis official daily walk and conversation The in inS inefficient inefficient in- in efficient or vicious jurist retain his S can eRn office e only by withholding from the thc public the record bf of his acts To lo such uch as he Le the public gOlO gaio i is nd 1 terrifying i if lIe he can muzzle the newspapers lie he is su safe suie i since since the people know not what ll h hp is doing Were Yere the ideas idea of the Memphis judge to obtain the recall of S I judges would lose its terror for the wicked and the I weak bec because tc o their masters would have vc nothing upon up I which to to judge judg them I j S It is not likely however that lila Ills action achon will en en 11 lure dure tb the scrutiny of the higher court Secret court f proceedings lg became unpopular the day dey the people bel be be- l 1 gnu gan n to realize that the judge is not their master but t their servant l 1 mid and d that he lie must be ho heM held to a as strict S I r a ability i as the tho m members member of the legislative and 5 executive l departments department l p I 5 5 5 S 'S i 1 j t- t ti i 5 t S t |