Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1866-01-11
Judges vs. Legislatures, or the
Beauties of Judge.Made Law.

The Indianapolis Journal seems to enjoy the
fun of poxing eI-Judge Perkins, the Jeffries o
America, in the short ribs. Here is another punch
is gives the Judge abou: his mschievous and cor
rupt decisions. which would worry any man but q
co2perhead, and the reason it docs not worry him
is because he knows it will be no detriment to
him among his party friends, as the greater po-
litical scoundre man proves himself, the higher
he stands in their estimation:
| The editor of the Herald insists that the late
extra session of the Legislature unnecessary
We give him credit for sincerity in his belief, for
during his twenty years service upon the Supreme
Bench he acted upon the doctrine that legislature.
were useless membranes. His court usurped the
legislative power OF the State, manufactured wha.
laws it pleased, and easily got rid Of any distaste
| full enactments of the Constitutional Legislature
hy the handy pretense that they were unconstitu-
tional. No court ever existed that exhibited more
contempt for the legislative department, or did
more to bring it into dsrepute. The same feeling
learned judge entertained while on the bench, ac-
companied him to the editorial chair, and not con-
tent with decrying the work Of the late General
Assembly, he had the bad taste and impudence 10
charge it with corruption.
/ II under these circumstances, We invite the at
tention OF the people to the disastrous results OF
some Of the judicial Legislation of the late judges
OF the Supreme Court, the vainglorious ex Chief
Justice may thank his own imprudenee for the e1-
pose.
The law enacted for the relief Of Pepper and
others, by the four Dukes, commonly called the
supreme judges cost the State, as we have shown.
$64 900, and effectualy repealed the law enacted
by the Legislature, requiring public officers to give
bond for the faithful performance of their duties.
all r1,,
ing il was the work OF supreme judges.
Turning from judicial legislation, there is much
in the history of the Supreme Court "as it was"
to induce feeling of modesty OH the part of the
e1 chief of that wonderful band OF jurists. The
hotch potch that they made of their own decisions
is not calculated to foster sentiments Of self pride
when looked at from the stand point of private
position. The science of the law uLder their ad
minstration, was good deal like Sawney's defn-
tion Of metaphysics. who described that abstruse
branch Of learning by the figure OF one man at
tempting to explain what he did not understand,
to another who had no conception of what the
first was talking about.
As an illustration of the GLORIOUS uncertainty
Of the law" as expounded by the learned pundits
Of whom the present editor of the Herald was
chief, refer to a decision made at the Nav term
1857. 9th Ind. 296. when it was solemnly decided
that, under the Reuised Statutes of 1882 an appeal
lay from the Judgment Of the Board of County
Commissioners, either to the Circuit or Common
Pleas Court; while at the May term, 1853 (see
10th Ind, 260). the same judges decided that, by
the Rsuised Statutes Of 1852, an appeal. in such
cases. lay only to the Circuit Court. The Revis.
ed Statutes must have been exceedingly flexible,
or the judges awfuly profound, but We guess the
fault must have been with the Statutes rs 80 much
wisdom could scarcely have made q blunder a.
gross a. this apparently was. For other spec:
mems oflegal gymnastics, see Bcknell's Practice,
where the snow you-see t-and now you don't" de.
cisions of our late Supreme Bench are grouped to-
gether as evidences of the harmonious contradic
hons for which their illustrious authors were
highly distinguished. ss t
1.-THE Law is tho perfection Of reason,h wrote
the old sages of the science, but they would take
that saying back II they could be restored to life
long enough to read the decisions Of the Suprems
Court of Indiana, from 1851 TO 1865. -