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The American Judiciary by LLD Simeon E. Baldwin
page 319 of 388 (82%)

"The Supreme Court judge of Nebraska who wrote the decision that
the State constitution prohibits the use of the Bible in the
public schools is standing for re-election, and the fact that he
made such a decision is not forgotten by the Christian voters."

In States the control of which by one of the great political
parties is assured, the real contest is for the nomination, and
here there is even more license for unfavorable comment on the
judicial record of one who seeks it. In a Southern State there
was such a struggle in 1903 for the nomination of the prevailing
party for Governor. The person who then held that place desired
it. So did one of the justices of the Supreme Court. It is said
that the friends of the former circulated a cartoon representing
the five justices together as five jackasses, and another in
which the justice whom they were trying to run off the field was
caricatured in the act of setting aside a verdict in favor of a
child injured by a railway accident. The two candidates
subsequently met upon the platform for a joint discussion of the
issues before the people. The Governor sharply criticised the
character of the Supreme Court. The judge caught him by the
collar and was about to strike him when friends intervened, and
an explanation of the remarks was made which was accepted as
satisfactory.

In the heat of a political campaign men do not always stop to
measure words or weigh questions of propriety. The personal
character and public acts of an opponent are a legitimate subject
of description and comment. Sharp attacks must be expected as a
natural incident of such a contest, and by candidates for
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