e citizen is on a par with the highest
official, and the single individual is on a par with the government
itself. In contrast to the Zabern affair we may note that the striking
copper miners of Michigan were not obliged to apply to higher military
officials for redress of wrongs claimed to have been inflicted upon
them by the military. They were free to apply, and did apply, to
tribunals outside of and independent of the executive. They and such
as they should be the most unwilling to degrade the courts or lessen
their power. A similar instance is that of the striking miners in
Colorado who so loudly complained of the acts of the militia. They
were not obliged to appeal to military or executive officers for
redress. The Judicial Courts were as open to them as to any others and
there they would be upon an equality with the officials.

CHAPTER VIII

AN INDEPENDENT AND IMPARTIAL JUDICIARY ESSENTIAL FOR JUSTICE

For the judiciary to be in fact, as well as in theory, the protector
of the constitutional rights of the individual against the government,
and of the legal rights of the individual against the aggressions of
others, it should be made so far as possible free, impartial and
independent. The judges should have such security of tenure, and such
security and liberality of maintenance, that they will have no
occasion nor disposition to court the favor, or fear the disfavor, of
any individual or class however powerful or numerous, not even the
government itself. They should be made free to consider only what is
the truth as to the existing law or fact in question, uninfluenced by
any suggestions of what is demanded by prince, people, or individual,
or by any suggestion of consequent good or evil to themselves. This
proposition to my mind is so self-evident that quotations from eminent
philosophers cannot strengthen it.

The necessity of some independent tribunal between the governors and
the governed was recognized in republican Rome, where it was provided
that the persons of the tribunes should be inviolate, an immunity not
granted to any other officials. The medieval cities of Italy
frequently selected their judges from some other city that they might
be free from any connection with different local factions or
interests. When, however, the empire supplanted the republic in Rome,
and the free cities of Italy were made subject to despotic domination,
the independence of these tribunals was lost. History show