The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-08-03
Remarkable Opinion of a KANSAS Oh
tf r. Justice. e. 49,

Remnrkabfc Opinion of Knmsas Chief
80 tf9 A ll Justice.
The American Law Review is responsible
for the following: ut has sometimes been
supposed that the bench offers but little OPP
portunity for eloquent fancyfor polite erudi-
ton; how erroneous this opinion is our read
ers will see from the following exordium of an
opinion delivered by Mr.. Chief Justice Gro
zer, in the case OF Searle V. Adams, Banks.
515, SIS: as'a. angri sf,Tg55- Il ~
In this case the tirreprassible Statute of
Limitation is again presented for considera-
tlon. For some years past, upon the DISPOSE
tlon OF each succeeding case involving a con-
struction of this statute, it was considered
by bench and bar, that fiction could scarcely
conceive OF new Question to arise there
under; but, as term after term rolls around,
!here are new questions, comparing favorably
in point of numbers with Fallstaff's men in
buckram; thus adding to the legions that
have gone before new demonstration Of the
propriety and verify of the adage that Gtruth
Is stranger than felton, With the heat of
ninety-eight degrees of Fahrenheit in the
shade, and the newspapers teeming with re-
ports OF the ravages of orr great common
enemy, who, the more efiectually to accom-
pilsn ms double purpose of capturing the i'm
pluuent ana frightening the tiinid, has as
sumed the form of the Asaiatic nnnstor !,
might be supposed by the untbmking that
the eonsiderationsof such questions wonld he
entered upon rather reluctantly. But we beS
to disabuse the public mind of such heresy
cases might be imagined where .'smashesn
would not stimulate, nor ''ccbblerso quicken.
nor ',JulepsD invigorate; but q new question
uhuer Our Statute of Limitations, in GOODNESS
ana restoring power, so far exceeds any and
an VI tliese' mat, when one is presented, the
fine ould Irish gntlemaE s" res1,rrection nm
Ger the circumstances detailed in the sono
becomes as palpable reality as the "Topeka
Constitution" or "the territorial canital Of
Mineola" The powers of galYanic battery
upon the vital energies are wholly incomnar-
able to it. So that the consideration Of this
case upon this day of wilted collars and oily
butter should not entltle the court to MANY
seuloges for extraordinary energy III the full
niment of its duties. Counsel
was understood to intimate that some mis-
t;nievously disposed person, with diabolical
intent no! clearly revealed, while organized
as ine legislature of the State. had made
vioient ana unwarrantebIe onslaught rnon
the Cohsl'utlon-that CONSTITUTIONS which
TINS Court as tripedal pier, il exert;no ito
UTMOST enaeavors to support-that Con.3;tr0
ton which, not only from patriotic and ,nor-
al but from alimentary consideratio,,s sio a.
well, we are pound TO maintain and defend -
Being In somewhat melting moot, ~ a.,
we would be pleased to crafty counsel ~,
adopting his fears &c. ~, u
The learned justice then goes on to decide
the case, and concludes that sit is as trans
parent as the soup Of which Oliver Twist i'm
plorea an additional supply that the case does
not come Withln the statute. If the reader
desires further specimen of Judge Croziers's
eloquence. we refer him TO his remarks in
Graft z. The State 8 Banks, $50. $50 in de-
lending the somewhat obvious pronosit;ou
that jury is not bound, as a matter Of Jaw
to disbelieve the evidence ola prostitute. nr
to use his own words, that it ought No, h ~,
said thata woman 'pours out from her heart
at Venuss shrine with her virtue every other
good quality with which, in our thoughts, we
ually fiaunts her frailty in the face ofthe world
or attempts to hide it in retiracy, OF garnis5
it with garlands of good works."