Daily national Democrat., 1858-10-17

Instability OF Supreme Court Decisions.
More contradictory opinions, We believe,
have been delivered by the Supreme Court
of this State, since its organization, than by
any other Court, os like Jurisdiction, in the
United States, or almost perhaps in the
world. Successive Judges have continually
differed in opinion, and many of the most
important points of law which have arisen
in this State are as much unsettled now MS
ever. We perceive that Justice Baldwin has
recently made decision, concurred in by
his associates, regarding the jurisdiction of
the now abolished Superior Court of San
Francisco, which has the effect to overthrow
former decision on the same subject, and to
unhinge land titles in San Francisco to an ex
tent which threatens to be ruinous to numer-
GUS parties. 1t is generally conceded that
his opinion is right, and that he has decided
according to law, but certainly is a very
great pity that the decision of the Court in
the first place could not have been correct.
A decision of the Supreme Court, rendered,
we think, in 1852, with regard to the Pueblo
title in San Francisco, although it is dees-
ion upon which the title TO millions of dol
lars worth of property is founded, is liable at
any time to be reversed because, in the opin
ion of some of the ablest lawyers in the
State, it is a wholly wrong decision. Nothing
will preserve it from reversal but a regard
for the consequences which would follow,
towit: the total ruin of thousands of inno-
cent parties. Decisions have heretofore been
made, touching the relative rights of miners
and grant holders, which are unsustained by
any precedent whatever, and which will,
it is highly probable. have to be fatty con-
tradicted, hereafter, by the same Bench
which rendered them The decision on the
Sunday law, put forth, few months ago, by
Terry and Burnett, and dissented from by
Judge Field is--in our humble opinion at
least, backed, however, by the decisions of
about twenty five Supreme Courts in the
Union-as unlounded in law as it is unwise
in policy, as a piece of judicial legislation.
According to this decision, the laboring class
of society can be kept at work from months
end to months end, and weeks end to weeks
end, without single day of rest, in which
to recuperate their exhausted bodies or enjoy
a few hours social intercourse with their fam
lilies Capital can rest when it pleases, but
Labor must still toll on, because it is left
wholly dependent upon Capital, and cannot
afford to disobey the commands of its mas
ter. 1t must either obey or starve. The
Legislature of nearly every State in the
Union has protected Labor from this imposi-
ton. by making it imperative upon the com
munity to observe day of rest Were this
not done in the large cities, in the large bu-
siness establishments and extensive manufac-
tories the working classes would be taxed
beyond their physical endurance, and the
health and life of thousands mercilessly de
stroyed to enrich the Golfers of the favored
few. This unfounded and most unwse decis-
ion Of the Supreme Court will as surely have
to be set aside as the country will grow
older, and the demands of labor for tis due
protection increase. 1t cannot and it ought
not to stand
Numerous similar unstable decisions have |
been rendered by this Court. And whether
it has been owing to weakness, or careless
ness or corruption on the Supreme Bench, it
is not for us to say. We suspect, however,
it has been mainly owing to a failure on the
part of the people to keep the Court uni
for"iy constituted of the proper industry
md ability