392 THE QUESTIONS OF THE DAY. 



section of workinginen, so far as they are subjects of political 

 action. In addition there are some complaints, which have 

 not been made the basis of regular demands. Among these 

 one of the most common is an allegation that the judiciary of 

 the country are in sympathy with the capitalist classes to the 

 extent that justice can not be had of them for others. This is 

 not true, for judiciary is not corrupt, nor is it biased; or if it 

 is biased in any instance, it is almost invariably in behalf of 

 tiie weak. The statement that great cooperations usually win 

 their cases is doubtless true, for they act under the advice of 

 great lawyers, and in ordinary cases are within the law in all 

 their acts. If they win when they should not in equity, the 

 remedy is in a change of the law, and not in an abuse of the 

 judiciary, who simply declare the law as they find it. The 

 judiciary and the military are the bulwarks of all honest men 

 against the violent and the crafty. Under no circumstances 

 should the independence of the judiciary be impaired. A 

 mob is far more likely to intimidate a judge than a capitalist 

 to corrupt him. That justice is unreasonably delayed and 

 extravagantly costly in most civilized countries is unquestion- 

 ably true. That the fault lies largely with the judges is also 

 true, for they have failed to withstand if they have not actu- 

 ally encouraged the tendency to employ legal refinements to 

 the delay or the perversion of justice. And yet all those legal 

 "refinements" which stand the analysis of the higher courts, 

 and finally become incorporated in the body of judge-made 

 law, are founded on sound principles and a correct under- 

 standing of statute law as it exists. The expression ''judge- 

 made law" has come to be a term of reproach. It is frequently 

 used as such among farmers. This is wrong. Judges can not 

 help making law. When counsel raises a point as a necessary 

 inference from undoubted statute law, the judge must decide 

 it. He can not put it aside. When he has decided it, and 

 the decision is sustained by the highest courts, it becomes 

 judge-made law — that is, it is found to be law, upon examina- 

 tion, by virtue of its necessarily following from a proper 

 interpretation of statute law, although the authors of the 

 statute may have never thought of it. The ignorance and 



