New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-17
THE REFORMED JUDICIARY.
REPORTS OF DECISIONS HINTS TO
JUDGES AND REPORTERS


JUDGES AND REPORTERS
n - ESsssv Il ne NJ y. Tvsss~a
SIR: Since the organization Of the counts under he
Constitution OF 1916 we have q volumes d dseisions
In the Supreme Court II volumes In the Coar. Of Ap
peals, s volumes in the Superior Count 2 In the Csn-
mon Pless in this city, 3voumes Of decsions Of The
Surrogate of Nsw.Yor and volumes Of Prae.ics
Reports beside Others of less note. Tcese produch Of
the past ten Yeas may be deemed fnienf |" 70 sAov
TIE see and body of The time h,s form end pvsears."
Critical discrimination requres me- hSwSvN, T.
state that the Supreme Court decisions afv whss j
chiefly refer to In these remarks snd y to thsm some
allowance TO be made for the ambt on Of twsa(y too
Judges to sppesr in print Who w-uld not otherwise b
known 10 lame. II l might advee the rep0ters,
would make two or three sugg, s,ious.
First: That ii il be necessary 10 copcsds sepeshing
10 The Innocent vanity Of Ju ges Who may desire 20
have tier before the pubc, the reporter shoud
wait II see whether the decis Ms will be susAined,
there being as general rule about an equal ohance
that upoa appeal they will be reversed.
Sec,nd That be should examine the cases before
the Court and how far the opinions reste 70 The
subject involved. II "a barely worth While 10 prnt
legal discussions upon maitrs not before he Cosr,
or ss 10 which there dispute, even ssca disqust
items should show familiar srqus'ntance With Bsck-
ct, ne and Kent. II may be assumed thst thcee Who
read reports for professional information have some
previous knowledge of toeee elementary suthofs.
Third, That be should make q statement OK the
facts and what questions are inv iyed and insert only
much Of the srguments OF counsel and opnsoes OK
the Court have some bearing upon These fscts and
questions Such stseuect w indeed the chief once
Of reporter and II shows q culpsoe pexsigsace ve
are left TO gather our knowledge Of csse from The
fiagmentary hints furnished by the Jud9sa Even II
the whole Gaze IL stated h an opu loo, which some
ito es DONE s authority AZ to the accuracy Of bs
statement Even the Pores inallioly a. to tscs hes
been questioned by good Roman Charlottesville u
'sm aduited be could not be mistaken - 70 Tie rule
OF faith applicable to the case when the Ssss were
hpown.
So the opinions of Judges to be held authoritative
90 fer as they relate 70 the before he but ne 20
as to hat tie case was which they were called upon
to decide.
In fact we other wise loee the b. nef. Of one impsr
tsnt principle universally ackDo~ltdsed IN respsos 70
judicial decisions vz that Whatever rs outsde o. me
is a mere dicturn, and not an authority. os
Office of the reporter TO show what The case and nen
the decision will be deemed authority, 20 ~ ~ Ns'~
u the matters involved. Il, 4,
Nor ia Il proper that be should put 10 the entire
pe sdpes and proofs % stated 10 the record, vhch y
Also sorpeimes done. This is 10 shrk the discrimi-
native labor which we have ri ht to demand frsni
arspoIier. Let him carefully digest the whole md
select Whist is materisl
An instance occurs TO me which is ooe among many
that light be referred to- Of the utter absence Of care
in compilation on the part Of the rportsr yS AesTs
Act Saratoga and Washington Redwood Company, III
Barbour, Ala. This Gaze which occupies 9! pages o.
that volume was argued by two country lawyers 70
the Fourth District and the opinion delivered BY Judse
Wilsrd-the argument occupying ~ pages ma yS
oil that was involved in thus verbose ayamsasspon
eipce seted and was familiar lay al lea. TO the pro-
fs sion in th District viz that the ownsf Of lard ID
Joining street or highway is the o~ner o. Tho rec OF
the street TO the center subet to the Puoaic use OF ne
highway unless by express terms he has couveyed
that right. .,L,.,
But il is not Judges only who have the ambition 70
sppe ar in print; even Referees sometimes csm public
notice of their learned labors Thus our worthy CIT
Pm hsaf m n
pblet containing his opinion upon the oxnenhip Of
burial place. In referred to him rels.ing 10 the
sale Of the burial ground sd joining Dr. Springs chur,h
tibuiion Of the pamphlet, become po+sesssd Of Mr..
Ruggless opinion, we may expect to have Il In mne
enduring form, a Judge Dave, has 6ciay declared
that ii contains his seniments ard that be could not
handle the subject better himself; that We may az.
pect Mr.. Barbour to give US the opinion under The
Judges mprimaur in future volume of his reports.
Perhaps it Is worthy of being thus preserved for is an
tiqusrian reseaich. Obsolete opinions aod dicsa are
revived for the purpose OF contToverng then and The
sbeurdes Of Judges in former times are sdccossfuly
grspped With indeed we may Well cay OF the dtstin
guided Referee in the language Of Dryden:
"And thrice he routed all his oes and thrice be Is~ sss
slain"
But, not to dwell longer the swiftly ACCOMPLISHING
reports which are grac,Dg the Libraries Of lawyers with
large show of fresh sheepkln, have few words -
add on newspaper reports The pablo appetite for
legal disquisi'ion has been Danifesty increased by
what il fed upon" newspaper no~ Turntables ss-,nct
merely with choice morcesus' Of murder tial,
feigned ksues in cases Of adultery, add the hike,
which were all that were formerly indnlged
Without we have the opinions Of Judges on so-
siTsct points of law aud questions not involving
enough Of human deprayi'y' 70 strscs the attention o.
ne wtpsper readers Perhaps it omen Of souoder
tone OF The public mind Certainly there has hereto
fore BEEN prur,eney of popular taste, which would
be sstisfed with nothing but CRIME Or scandal N Tudi-
cisl proceedings. tria murder or case Of crlm
con- would crowd the court with % eagerly list
eI ing audience, and The Iewrpapers, day GtA cay
would be crsmmfd with the loslhsome details.
Nor have We even yet become too pure not TO % AZ
trscied by the cucumstsnual details OF wee 'hus
bt ugbt 10 view. immortality seems stu 70 be eaJoyed
with peculiar gusto But what ! claim % some ,m-
provement is that we % interested 10 someshn2
beside. -.
with the care of The forger Huntington. NOT 20 mach
for the details Of guilt brought out With reerased MI
putent a. By direct and examinations fshich n
criminal trials materially enbsocss The luxury OF ENJOY
meot, a. for the psycbooei 'sl question wns.osf oe
eDor nifty Of The crnilsity Of toe accused whish va
not oily admit ed but even exaggerated oy Die eoanse
did not prove per se' alteration Of mind, WITCH
should eXOnerats him hom al Legal Liability Tor
his acts. 49, =,
the philosophy which Bacon ssid hsA up 70 bh tne
epgroesed ihe word-s philosophy drencned WIN Ln-
man psssions-snd that We are attaining No
lumen siccum' Of HerachtGs-tne dsybght OF trs1.
Perhaps We may anticipate IN time wpn ns ssvo
ard oeprsyiri of human life, shich have heretofore
chiefly interested the minds Of men, may DO iooksa
upsn as VIC now do upon he fabulous crimes and nds.
c.ncjes of besthen mythology which We read with
pa.sioIess srjoyment Of the poetic imagery N WHICH
they are vailed.
In The meapiie beg Leave to suggest 70 tie editors
Of that they are 10 some asnre fesooosiole
for the right direction Of poeulu mOusA. Why y Il
peces.ary that newspapers shoud be stuffed With all
the disgus ing crcumstsDces Of crime which ore daily
brought before Police Ma, istfates sld ciisa osart
q magistrates and courts sbouh be watched over snd
hept under ella &C. why not bsvs revspepen
A ALI xalv 70 .nsh 4 sAy