THE UNITED AMERICAN
Page Eight
OCTOBER 1925
Becoming an American
By A. C. STRANGE, Oregon State Director of Americanization Schools.
VII
THE JUDICIARY
JN THIS LETTER I shall write of the Judiciary of
our Government, that is, of our courts of justice
and their functions.
In order that I may explain why we have such
institutions I must go back many thousands of years
to their beginnings. Courts became necessary when
rules of conduct or laws were first made. Some savage
chief, long ages ago, announced an order or rule for the
government of his people. However, there were without
doubt those in the tribe who were unwilling to obey
the rule and broke it whenever they dared. There
have always been, there are today, persons who dis
like law and who must be governed by force. Such
lawbreakers this savage ruler brought before him and
sentenced to be punished. This was the first court
and this chief was the first judge. For. long ages
law was enforced and crime punished in a similar way.
Often, tho, this great power was used arbitrarily and
unjustly. Hence there arose revolts against this form
of autocracy and the demanding of changes. These,
however, came very gradually through many centuries,
but finally there resulted the type of courts we have
today which provide for legally trained judges,
responsible directly to the people, and, in certain types
of cases, for trials by juries of the peers or equals of
the indicted persons. Courts of such character existed
in the colonies before the adoption of our Constitution.
There were, however, no national courts, a condition
which was one of the greatest weaknesses growing out
of the Articles of Confederation. Hence there was no
means of settling disputes between citizens of different
colonies and of punishing breaches of national law.
To remedy this condition federal courts were provided
for when the Constitution was adopted in 1787.
Highest of these courts is the United States
Supreme Court. It is composed of a chief justice and
eight associates who are appointed by the President
and the Senate and who hold their offices until death
or resignation. It meets in Washington and is in
session from October to May of every year. The
consent of a majority of these judges is required for
a decision and at least six must be present whenever
a case is heard.
Next below the Supreme Court are the Circuit
Courts of Appeals of which there are nine, one in each
of nine districts into which the country is divided. For
each of these courts there is one of the supreme court
justices, two or more circuit judges appointed for the
purpose and a number of federal district judges. All
cases heard in these courts come by appeal from the
District Courts. Three judges usually hear these cases
and, like the Supreme Court, there are no juries.
Below the Circuit Courts are the District Courts,
of which there are at present eighty-one. There is
but one such court in Oregon, altho thickly populated
states like Illinois have several. At least one judge
is appointed for every district altho two or more are
selected if needed.
As was said above, these courts have to do only
with offenses against national law and with disputes
between the citizens of different states. A trial is
conducted and witnesses are heard, however, only in
the lowest court; the others are courts of appeal.
There are in addition a number of federal courts
of less importance which have to do only with certain
types of problems, such as claims against the govern
ment.
The greatest function of the United States Supreme
Court is that of passing on the constitutionality of laws.
The fact that the Constitution is the supreme law of
the land and that all other laws must be in harmony
with it, is what gives the Supreme Court this power.
Now and then the question of the constitutionality of
some law passed by Congress or a State Legislature is
submitted to the Court. Over thirty laws so enacted
have by this process been found to be unconstitutional.
Many political attacks have been directed at this power.
Politicians have even tried to get into the presidency
by promising that they would take steps to change
the National Constitution in such manner as to lessen
the power of the Supreme Court. Every fair-minded,
reasonable citizen, tho, realizes that there must be some
agency of government to interpret the Constitution and
to decide in case state and district courts disagree in
their decisions. Our Supreme Court has always shown
itself independent of political pressure, of monetary
power and of personal influence. Hence its decisions
have almost invariably been the sort of conclusions fair-
minded, capable judges, learned in the law, have been
able to arrive at when uninfluenced and unbiased, and
it has gained a world wide reputation for fairness and
firmness. No institution of our Government is more
favorably regarded by foreign students of government.
In each state there is a supreme court composed,
in Oregon, of seven members who serve for six years.
Next below this court are the circuit courts, each
composed of one or more counties. There are at
present seventeen of these courts in this state. Then
there are the local courts, presided over by justices of
the peace. All these courts have to do with offenses
against the state law and with disputes between citizens
over property or about some civil right.
Other courts are city courts, in which offenses
against the law are tried, juvenile courts which deal
with delinquent and homeless children, and courts of
domestic relations which have to do with difficulties
between husbands and wives.
We can not overestimate the importance of the
courts. Upon the fairness and certainty with which
law is enforced and crime punished depends the safety
of our property and our lives. Disregard law, and we
break government. Scoff at law, and we strike at the
foundations of our country. Without law and order
we cannot accumulate property, build homes, enjoy
physical safety, educate our children and leave to our
families such means as will insure them against
poverty. We ourselves must learn, and we must teach
our children, to respect the law and to honor the court.
We must, as citizens, use great care to elect to the
honorable positions as judges only those who are
worthy in knowledge of the law, in disposition to be
just, and in courage to do only the right.