The kept judge

Two men, one labeled “Political Boss” and the other labeled “Special Privilege,” with copies of “Blank Injunctions” in his pocket, help a diminutive judge write a “Dictated Decision.” In the background, Justice is partially obscured by a note that states “Remember Thy Creator.” Caption: Does a protest against this type of justice assail “the integrity of the courts”?

comments and context

Comments and Context

The reform impulses in American politics — finally coalescing in electoral reform, political revolts, Muckraking literature, regulatory action, and the growth of insurgents and progressives in both political parties — finally reached the courts by 1908.

Reformers, of course, had long been frustrated by the court system as a bastion of defense for trusts, special privilege, and corruption. The Sherman Anti-Trust Act (1890), for instance, largely was made toothless by the courts. Judges routinely upheld corporations and governments against labor protests, organizing, and boycotts. When the Supreme Court barely upheld the Theodore Roosevelt Administration’s dissolution of Northern Securities in early 1904, it was the first sign of possible cracks in the monolith that was a monopoly-beholden justice system.

The cartoon of Udo J. Keppler, brutal in its simplicity, presents the view of the situation in the minds of disgruntled reformers, and even the view of history. Corporations and the courts had relationships that were all too often incestuous. (Back in 1882, one of young New York assemblyman Theodore Roosevelt’s first crusades was to expose and remove a municipal judge who was bribed by wealthy litigants before the bench.)

In addition to exposure and elections when judges were subject to votes, reformers like Roosevelt; insurgents within the Republican Party; and Democrats like William Jennings Bryan, who led in some instances, saw remedies in new laws. It was in 1908 that serious proposals were advanced, culminating, perhaps, in the very strong platform planks of the Progressive Party, for reforms like the initiative, the referendum, and especially court-targeted devices like the recall of judicial decisions.

Collection

Library of Congress Prints and Photographs

Creation Date

1908-06-03

Creator(s)

Keppler, Udo J., 1872-1956

Period

U.S. President – 2nd Term (March 1905-February 1909)

Repository

Library of Congress Prints and Photographs Division

Page Count

1

Record Type

Image

Resource Type

Cartoon

Rights

These images are presented through a cooperative effort between the Library of Congress and Dickinson State University. No known restrictions on publication.

Citation