GOVERNMENT BY INJUNCTION AND ABOLITION OF JURY TRIAL.
THE following, from Judge Murray F. Tuley, of Chicago, dean of the Circuit Court Branch, spoken Nov. 30, 1901, to the Iroquois Club, in the above-named city, shows how a learned and grave judge regards the judicial drift in this country:— “Have not the United States judges from the very beginning been what Jefferson declared them to be—‘sappers and miners,’ undermining the Constitution of the United States?” “It never has been considered any part of the duty of the judiciary power to suppress riots, prevent disorder, or preserve the peace. The duty of the legislative power is to make the law, of the judiciary to interpret and expound it, and of the executive to enforce it.” “The judge, without hearing the defendant, commands—that is, decrees—what he shall or shall not do in advance, and without a hearing enforces the performance of the commands of the writ. Then he brings the defendant before him, tries him without a jury, adjudges him guilty of a violation of the commands of the writ formulated by the judge himself in the absence of the defendant, and sentences him to punishment not defined by law, but resting in the breast of such judge.” “Not only does the amount of punishment rest in the breast of the judge, but even the place where the imprisonment shall be inflicted rests in the breast of the judge.” “Is not such a proceeding by the judge government by injunction and a substitute for trial by jury?”